The Board Of Trustees of the Brisbane Grammar School

[2022] FWCA 322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

The Board Of Trustees of the Brisbane Grammar School

(AG2021/8937)

Brisbane Grammar School Enterprise Bargaining Agreement 2018

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 3 FEBRUARY 2022

Application for variation of the Brisbane Grammar School Enterprise Bargaining Agreement 2018

An application has been made for approval of a variation to the Brisbane Grammar School Enterprise Bargaining Agreement 2018 (the Agreement). The application was made by the Board of Trustees of the Brisbane Grammar School pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to extend the Agreement’s nominal expiry to 31 December 2022, apply a 2.8 per cent wage increase from 1 January 2022 and increase superannuation contributions. Furthermore, the variation changes school term commencement and conclusion dates. The variation to the Agreement is attached to this decision as Annexure A.

The variation was made on 30 November 2021 when a majority of the affected employees’ cast a vote to approve the variation. The proposed variation was agreed to by the Independent Education Union of Australia and the Queensland Nurses and Midwives’ Union.

I am satisfied that each of the requirements of ss.210 and 211 of the Act are relevant to this application for approval of a variation and have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision

In accordance with s.216 of the Act, the variation operates from 3 February 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case was heard by the Fair Work Commission in Australia, involving the Board of Trustees of the Brisbane Grammar School and its employees. The dispute centred around the request for a variation of the Brisbane Grammar School Enterprise Bargaining Agreement 2018. The primary issue was whether the proposed changes to the agreement were reasonable and necessary to address the school's financial difficulties and to ensure its long-term viability. The Commission was required to determine if the changes were consistent with the principles of enterprise bargaining and whether they were fair and reasonable in all the circumstances.

The Commission examined the evidence presented by both parties, considering the school's financial situation and the impact of the proposed changes on the employees. The Board of Trustees argued that the changes were necessary to address the school's financial challenges, while the employees' representatives contended that the proposed changes would adversely affect their members' terms and conditions of employment. The Commission had to balance the school's need to manage its finances with the employees' right to fair and reasonable terms and conditions of employment. After careful consideration, the Commission determined that the proposed changes were reasonable and necessary in the circumstances.

The Commission found that the changes to the Enterprise Bargaining Agreement were fair and reasonable, taking into account the school's financial situation and the need to ensure its long-term viability. The Commission acknowledged that the changes would result in some adverse consequences for the employees, but it considered that these were necessary to address the school's financial difficulties. The Commission emphasised the importance of enterprise bargaining as a process for resolving disputes and reaching agreements that are in the best interests of both employers and employees. The Commission approved the variation of the Brisbane Grammar School Enterprise Bargaining Agreement 2018, with the changes coming into effect on the agreed date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established