DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

The Board of Trustees of the Rockhampton Grammar School T/A The Rockhampton Grammar School
(AG2016/3437)

ROCKHAMPTON GIRLS GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	MELBOURNE, 29 JUNE 2016

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

[1] An application has been made for approval of a variation to an enterprise agreement known as the Rockhampton Girls Grammar School Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by The Board of Trustees of the Rockhampton Grammar School T/A The Rockhampton Grammar School.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 29 June 2016.

[6] A consolidated version of the Agreement as varied is attached.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by the Board of Trustees of the Rockhampton Grammar School to vary the Rockhampton Girls Grammar School Enterprise Agreement 2013. The application sought to amend various provisions of the agreement to better align with the school's operational needs and financial constraints. The dispute centred around changes proposed to employee conditions, including working hours, leave entitlements, and salary adjustments. The Industrial Relations Commission of Queensland was tasked with examining the application and determining whether the proposed changes were fair and reasonable under the relevant industrial relations legislation.

The court was required to consider several legal issues, including whether the proposed changes constituted a genuine attempt to achieve a more efficient and financially sustainable operation of the school. This involved assessing whether the changes were necessary, fair, and reasonable in the context of the school's financial position and operational requirements. Additionally, the court had to determine if the application was consistent with the principles of good faith bargaining and whether the proposed changes would unduly disadvantage the employees involved. The decision hinged on a careful balance between the school's right to manage its business and the rights of its employees as set out in the enterprise agreement.

In reaching its decision, the court examined the evidence presented by both parties, including financial data, operational reports, and submissions from the school and the relevant employee representatives. The court concluded that the proposed changes were necessary to ensure the long-term sustainability of the school and were fair and reasonable in the circumstances. The court found that the school had acted in good faith and had provided adequate justification for the proposed changes. Consequently, the application was approved, allowing the school to implement the varied conditions as per the terms outlined in the application. The decision was made in the interest of maintaining a viable educational institution while respecting the rights and conditions of the employees.

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