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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Board of Trustees of the Brisbane Grammar School to the Fair Work Commission, seeking approval of a variation to the Brisbane Grammar School Enterprise Bargaining Agreement 2018. The dispute centred around changes proposed to the existing agreement, which was intended to govern the terms and conditions of employment for staff at the school. The application was brought under section 210 of the Fair Work Act 2009, which allows for such variations to be approved by the Fair Work Commission when deemed necessary.

The primary legal issue before the Commission was whether the proposed changes to the Enterprise Bargaining Agreement met the requirements set forth in the Act. Specifically, the Commission had to determine if the variations were consistent with the principles of the Fair Work Act and if they were in the best interests of the employees, employers, and the broader community. The Commission also needed to assess whether the changes complied with any relevant industrial instruments and whether they provided a fair and reasonable outcome for all parties involved.

In its reasoning, the Commission considered the submissions from both the Board of Trustees and the relevant unions. It examined the proposed changes in detail, assessing their impact on the staff, the school's operational needs, and the broader educational environment. The Commission concluded that the variations were necessary to address specific issues within the school and would not result in a detriment to the employees. It found that the proposed changes were reasonable and aligned with the objectives of the Act. Consequently, the Commission approved the application, allowing the Board of Trustees to implement the variations as proposed.

The Fair Work Commission's decision was that the application for the variation to the Brisbane Grammar School Enterprise Bargaining Agreement 2018 should be approved. The Commission's final orders were that the variation be approved, enabling the Board of Trustees to implement the changes as outlined in their application. This decision was based on the findings that the proposed changes were necessary, fair, and in the best interests of all parties involved, in accordance with the provisions of the Fair Work Act 2009.

The Board of Trustees of the Brisbane Grammar School

DECISION

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Legal Principle Established