DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Board Of Trustees of the Brisbane Grammar School T/A Brisbane Grammar School
(AG2016/5030)

BRISBANE GRAMMAR SCHOOL ENTERPRISE BARGAINING AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Brisbane Grammar School Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Grammar School Enterprise Bargaining Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Board Of Trustees of the Brisbane Grammar School T/A Brisbane Grammar School. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union of Australia, Australian Nursing and Midwifery Federation and Queensland Nurses’ Union of Employees being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Board of Trustees of the Brisbane Grammar School, which sought approval for the Brisbane Grammar School Enterprise Bargaining Agreement 2016. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement provided adequate protections for employees, particularly concerning conditions of employment such as pay rates, hours of work, and leave entitlements.

The primary legal issues before the Commission were whether the proposed agreement complied with the 'better off overall test' (BOOT) and whether it contained all the 'protected actions' as required by the Fair Work Act. The Commission had to examine the terms of the agreement to ensure that employees would not be worse off financially under the new agreement compared to their existing conditions, and that all mandatory provisions were included.

In delivering its decision, the Commission found that the proposed agreement did meet the BOOT, as it provided for improved conditions for most employees without any reductions in their overall remuneration. The Commission also determined that the agreement contained all the necessary protected actions and was consistent with the provisions of the Fair Work Act. Therefore, the Commission approved the agreement, finding it to be in the best interests of the employees.

The final orders of the Commission included the approval of the Brisbane Grammar School Enterprise Bargaining Agreement 2016, with the terms and conditions as outlined in the agreement. The agreement was to be in effect from the date of the decision and would govern the employment conditions of the school's staff until its expiry or until a new agreement was made.

The Board Of Trustees of the Brisbane Grammar School T/A Brisbane Grammar School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established