The Board of Trustees of the Brisbane Grammar School

[2019] FWCA 8657

[2019] FWCA 8657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Board of Trustees of the Brisbane Grammar School
(AG2019/4161)

BRISBANE GRAMMAR SCHOOL ENTERPRISE BARGAINING AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 DECEMBER 2019

[1] 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).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

•  Clause 5.9.3 of the Agreement, which does not include the circumstances set out in s.65(1)(f) of the Act in respect of the changes to working arrangements;

•  Clause 5.9.4 of the Agreement, which is limited to permanent staff, contrary to s.65(2)(b) of the Act; and

•  Clause 8.13.4 of the Agreement, which enables the employer to withhold monies due to an employee to an amount greater than the period of notice given.

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

[7] In accordance with s.216 of the Act, the variation operates from 20 December 2019.

DEPUTY PRESIDENT

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