DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Board of Trustees of Townsville Grammar School T/A Townsville Grammar School
(AG2017/5985)

TOWNSVILLE GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 17 MAY 2018

Application for approval of the Townsville Grammar School Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Townsville Grammar School Enterprise Agreement 2017 (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 Townsville Grammar School T/A Townsville Grammar School. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Independent Education Union of Australia, the Australian Nursing and Midwifery Federation and the Queensland Nurses and Midwives' Union of Employees, 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Board of Trustees of Townsville Grammar School T/A Townsville Grammar School sought approval for the Townsville Grammar School Enterprise Agreement 2017. The application was brought before the Fair Work Commission, as the entity in charge of overseeing and approving enterprise agreements under the Fair Work Act 2009. The application was brought before the Fair Work Commission to obtain approval for the enterprise agreement, which was intended to establish the terms and conditions of employment for the school’s employees.

The legal issues before the Fair Work Commission were whether the enterprise agreement complied with the relevant legislative requirements and whether it was made in good faith and on a basis that was free from coercion, duress, and discrimination. The Commission needed to determine if the agreement adhered to the Fair Work Act 2009 and its regulations, and if the negotiation process was fair and free from any improper influence or discrimination.

The Fair Work Commission found that the Townsville Grammar School Enterprise Agreement 2017 was made in good faith and on a basis that was free from coercion, duress, and discrimination. The Commission also found that the agreement was in compliance with the Fair Work Act 2009 and its regulations, and that the negotiation process was fair and free from any improper influence or discrimination. As a result, the Commission approved the Townsville Grammar School Enterprise Agreement 2017, and it became legally binding on the parties involved.

The Fair Work Commission’s decision was based on the evidence presented and the legal requirements set out in the Fair Work Act 2009. The Commission considered the terms and conditions of the agreement, as well as the negotiation process that led to its creation. The Commission found that the agreement met all the necessary criteria for approval and that it was in the best interests of the employees and the employer. The approval of the Townsville Grammar School Enterprise Agreement 2017 ensures that the terms and conditions of employment for the school’s employees are governed by a legally binding agreement that was made in good faith and without any improper influence or discrimination.

The Board of Trustees of Townsville Grammar School T/A Townsville 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