The Board of Trustees of the Townsville Grammar School Trading AS Townsville Grammar School

[2025] FWCA 2574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Board of Trustees of the Townsville Grammar School Trading AS Townsville Grammar School

(AG2025/2055)

TOWNSVILLE GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER HUNT	BRISBANE, 4 AUGUST 2025

Application for approval of the Townsville Grammar School Enterprise Agreement 2025

The Board of Trustees of the Townsville Grammar School T/A Townsville Grammar School (the Employer) has applied for approval of an enterprise agreement known as the Townsville Grammar School Enterprise Agreement 2025 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 31 May 2024 and the Agreement was made on 13 June 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Independent Education Union of Australia (IEU) and the Australian Nursing and Midwifery Federation (ANMF) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The IEU and the ANMF, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the IEU and the ANMF.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, the Board of Trustees of the Townsville Grammar School Trading as Townsville Grammar School sought approval of the Townsville Grammar School Enterprise Agreement 2025. The dispute centred around whether the terms of the agreement were fair and reasonable in accordance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the requirements for being a "single-enterprise agreement" and whether it included appropriate terms and conditions that balanced the interests of both the school and its employees.

The legal issues before the Commission involved the interpretation of the Fair Work Act, particularly sections relating to the registration of enterprise agreements. The key matters were whether the agreement appropriately defined the scope of the enterprise, whether the agreement provided for terms and conditions that were fair and reasonable, and whether it included appropriate dispute resolution mechanisms. The Commission also considered the application of the "better off overall test" to ensure that the agreement would not place employees in a worse position than under their existing conditions.

After reviewing the submissions from both the school and the employees, the Commission concluded that the Townsville Grammar School Enterprise Agreement 2025 met the necessary requirements for approval. The agreement was found to be a single-enterprise agreement that appropriately defined the school's enterprise and contained terms and conditions that were fair and reasonable. The Commission determined that the agreement passed the better off overall test, ensuring that the employees would not be disadvantaged under the new agreement. The Commission approved the agreement, highlighting the importance of achieving a balance between the school's operational needs and the rights and protections of its employees.

The Commission ordered that the Townsville Grammar School Enterprise Agreement 2025 be approved and registered, effective from the date specified in the agreement. The approval ensured that the terms of the agreement would govern the employment conditions of the school's staff, providing a framework for fair and reasonable workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established