DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Board of Trustees of the Brisbane Grammar School T/A Brisbane Grammar School
(AG2018/6342)

BRISBANE GRAMMAR SCHOOL ENTERPRISE BARGAINING AGREEMENT 2018

Educational Services
COMMISSIONER YILMAZ	MELBOURNE, 22 MARCH 2019

Application for approval of the Brisbane Grammar School Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Grammar School Enterprise Bargaining Agreement 2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

[3] The Independent Education Union of Australia and the Australian Nursing and Midwifery Federation 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Brisbane Grammar School, an educational institution, sought approval for its 2018 Enterprise Bargaining Agreement (EBA) from the Fair Work Commission. The application involved the terms and conditions of employment for its employees, including teachers and staff. The legal issues before the Commission centred on whether the proposed EBA met the statutory requirements under the Fair Work Act 2009, particularly focusing on the fairness and reasonableness of the terms and conditions proposed. The Commission also had to consider whether the EBA appropriately balanced the interests of both the employees and the employer.

In examining the application, the Commission considered the fairness and reasonableness of the proposed EBA's terms, ensuring they complied with the relevant legislative standards. It assessed whether the agreement provided adequate protections for employees, while also considering the financial sustainability and operational needs of the School. The Commission took into account submissions from both the School and the employees' representatives, evaluating the balance between the School's operational requirements and the employees' rights and interests.

The Fair Work Commission determined that the EBA was fair and reasonable, meeting the statutory criteria. It found that the proposed terms and conditions provided a balanced approach that adequately protected the employees' rights while also addressing the School's operational needs. The Commission concluded that the agreement appropriately considered the financial and operational circumstances of the School, and that it did not unjustifiably disadvantage any party. Consequently, the Commission approved the Brisbane Grammar School Enterprise Bargaining Agreement 2018.

The Commission issued an order approving the Brisbane Grammar School Enterprise Bargaining Agreement 2018, effective from the date of the decision. The order confirmed that the agreement was fair and reasonable and met all statutory requirements, providing a balanced approach for both the School and its employees.

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

DECISION

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Background to the litigation

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Legal Principle Established