DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Greek Orthodox Community of Oakleigh & District Inc T/A Oakleigh Grammar
(AG2015/3052)

OAKLEIGH GRAMMAR ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BISSETT	MELBOURNE, 3 JULY 2015

Application for approval of the Oakleigh Grammar Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Oakleigh Grammar Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Greek Orthodox Community of Oakleigh & District Inc. The agreement is a single-enterprise agreement.

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

[3] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved The Greek Orthodox Community of Oakleigh & District Inc trading as Oakleigh Grammar, which sought approval for the Oakleigh Grammar Enterprise Agreement 2015. The dispute was heard in the Fair Work Commission, the body responsible for regulating and approving enterprise agreements in Australia. The application was brought by the employer, who sought to implement changes to the employment terms and conditions of its staff.

The legal issues before the Fair Work Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly regarding the agreement's compliance with the "better off overall test" (BOOT). This test ensures that employees are not worse off financially and have at least the same conditions as those under their previous agreements or applicable awards. Additionally, the court needed to assess whether the agreement was fairly negotiated and whether it included necessary protections for employees, such as provisions for redundancy, termination, and dispute resolution.

The Fair Work Commission examined the evidence presented by both parties and considered the implications of the proposed changes. It found that the agreement met the BOOT and was fairly negotiated. The Commission noted that the proposed agreement provided employees with improved conditions and benefits, including higher wages, better leave entitlements, and enhanced redundancy provisions. The Commission also considered the specific context of the educational institution and the need for flexibility in the workplace to accommodate the unique demands of the sector. Ultimately, the Commission approved the Oakleigh Grammar Enterprise Agreement 2015, finding that it was in the best interests of the employees and the employer.

The Greek Orthodox Community of Oakleigh & District Inc T/A Oakleigh Grammar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established