DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Board of Trustees of the Rockhampton Grammar School T/A The Rockhampton Grammar School
(AG2015/6747)

THE ROCKHAMPTON GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER JOHNS	MELBOURNE, 16 DECEMBER 2015

Application for approval of The Rockhampton Grammar School Enterprise Agreement 2015.

[1] On 19 November 2015 The Rockhampton Grammar School (Applicant) made an application for approval of the The Rockhampton Grammar School Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Australian Nursing and Midwifery Federation, Independent Education Union of Australia, Queensland Nurses’ Union of Employees and United Voice, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 December 2015. The Agreement will last for a period of four years. The nominal expiry date of the Agreement is 23 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case before the Fair Work Commission, the Board of Trustees of the Rockhampton Grammar School, trading as The Rockhampton Grammar School, sought approval for its Enterprise Agreement 2015. The application involved several stakeholders, including the teachers, who were represented by the Queensland Teachers’ Union, and the school's management. The primary dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to minimum entitlements and procedural fairness. The Commission was tasked with determining if the agreement met the necessary legislative standards and if it was fair and reasonable in the context of the broader industrial relations framework.

The legal issues that the Commission needed to address included whether the agreement provided for minimum rates of pay and conditions as stipulated by the Act, and whether it allowed for the protection of employees' rights and interests. Additionally, the Commission had to assess if the agreement was made in good faith and if it adhered to the procedural requirements, such as providing sufficient notice and opportunity for consultation with the employees and their representatives. The Commission also needed to consider the broader implications of the agreement on the industrial relations environment and the parties' obligations under the Act.

In reaching its decision, the Commission found that the Enterprise Agreement 2015 was generally compliant with the requirements of the Fair Work Act. The agreement was deemed to provide for minimum entitlements, and the process by which it was made was found to be procedurally fair. The Commission emphasised that the agreement allowed for adequate consultation and that it balanced the interests of both the school and the teachers. Consequently, the Commission approved the agreement, recognising its fairness and reasonableness in the context of the existing industrial relations landscape. The approval was made subject to certain conditions, ensuring ongoing compliance with the Act and the protection of employee rights.

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