The Anglican Schools Commission For The Corporation Of The Synod Of The Diocese Of Brisbane T/A Anglican Church Grammar School; Coomera Anglican College; Fraser Coast Anglican College; St Andrew's Anglican College;... Summary

[2024] FWCA 4014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Anglican Schools Commission For The Corporation Of The Synod Of The Diocese Of Brisbane T/A Anglican Church Grammar School; Coomera Anglican College; Fraser Coast Anglican College; St Andrew’s Anglican College; St Hilda’s School; St Luke’s School; St Paul’s School; The Glennie School; The Southport School; Toowoomba Anglican School; West Moreton Anglican College

(AG2024/3810)

THE QUEENSLAND ANGLICAN SCHOOLS ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 NOVEMBER 2024

Application for approval of the The Queensland Anglican Schools Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Queensland Anglican Schools Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a multiple enterprise agreement.

The Employers have provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Independent Education Union of Australia.

The Australian Nurses and Midwifery Federation, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Nurses and Midwifery Federation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from [publication date plus 7 days] xx November 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Anglican Schools Commission for the Corporation of the Synod of the Diocese of Brisbane, trading as several Anglican schools, and the Queensland Teachers' Union. The dispute centred around the application for approval of the Queensland Anglican Schools Enterprise Agreement 2024, which sought to establish the terms and conditions of employment for teachers within these schools. The matter was heard in the Fair Work Commission of Australia.

The legal issues before the court were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms of employment, and whether it complied with the relevant provisions of the Act and the Fair Work Regulations. The court also had to consider whether the agreement was in the public interest and whether it was free from any prohibited content.

The Fair Work Commission, in granting the approval, found that the proposed agreement met the necessary criteria. The Commission emphasised that the agreement provided for fair and reasonable terms of employment for teachers, including provisions for minimum wages, leave entitlements, and working conditions. The Commission also concluded that the agreement was in the public interest, as it promoted efficient and productive workplaces while maintaining a fair balance between the interests of employers and employees. The court determined that the agreement complied with the Fair Work Act and the relevant regulations and did not contain any prohibited content. Consequently, the application for approval was successful.

The court ordered the approval of the Queensland Anglican Schools Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms and conditions it contained would apply to the teachers employed by the Anglican schools involved in the case.

The Anglican Schools Commission For The Corporation Of The Synod Of The Diocese Of Brisbane T/A Anglican Church Grammar School; Coomera Anglican College; Fraser Coast Anglican College; St Andrew's Anglican College;...

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established