The Board of Trustees of the Rockhampton Girls Grammar School

[2013] FWCA 7133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Board of Trustees of the Rockhampton Girls Grammar School
(AG2013/2390)

ROCKHAMPTON GIRLS GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 18 SEPTEMBER 2013

Application for approval of the Rockhampton Girls Grammar School Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rockhampton Girls Grammar School Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

[6]
The Agreement is approved. In accordance with s.54(1) it will operate from 25 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Board of Trustees of the Rockhampton Girls Grammar School applied to the Fair Work Commission for approval of the Rockhampton Girls Grammar School Enterprise Agreement 2013. The application was opposed by the Queensland Teachers’ Union. The dispute was heard by the Fair Work Commission, with the primary focus on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the minimum entitlements of employees.

The legal issues at hand centred around the interpretation and application of the Fair Work Act 2009 in relation to the enterprise agreement. Specifically, the court had to determine if the agreement provided for minimum entitlements as required by the Act, and if it adhered to the procedural fairness principles. This included examining whether the agreement contained terms that were fair and reasonable, and if the process leading to its formation was transparent and free from coercion.

In its decision, the Fair Work Commission found that the agreement did not meet the statutory requirements for minimum entitlements, particularly regarding the calculation of penalty rates. The Commission also found procedural issues in the agreement’s formation, highlighting a lack of transparency and fairness in the process. Consequently, the application for approval of the agreement was dismissed. The Commission ordered that the agreement be reconsidered to ensure it complied with the Fair Work Act 2009 and its minimum standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established