DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Ipswich Grammar School T/A Ipswich Grammar School
(AG2020/3706)

IPSWICH GRAMMAR SCHOOL COLLECTIVE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 DECEMBER 2020

Application for approval of the Ipswich Grammar School Collective Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ipswich Grammar School Collectiv eAgreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Ipswich Grammar School T/A Ipswich Grammar School. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I note that Clauses 3.3.3, 3.4(d), 8.2.2, 8.4.3, 8.6.1, 13.2.1, schedule 2.4 clause 2.1 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.5.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Ipswich Grammar School T/A Ipswich Grammar School applied to the Fair Work Commission for approval of the Ipswich Grammar School Collective Agreement 2021. The application was made under section 221 of the Fair Work Act 2009. The school sought to have the agreement, which contained various terms and conditions for the employees, approved as a registered agreement. The dispute arose from objections lodged by the Queensland Teachers’ Union, which represented some of the employees, regarding certain provisions within the agreement.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations 2009. Specifically, the Commission had to determine if the agreement contained all the necessary terms as outlined in the Act, and if it had been negotiated in good faith. The Union argued that certain provisions did not meet the standards of the Act, particularly those relating to pay rates and conditions of employment. The school, on the other hand, contended that the agreement was fair and balanced, and that it had been negotiated with due regard to the requirements of the legislation.

The Commission, in its decision, considered the arguments presented by both parties and examined the provisions of the agreement in detail. It found that while the agreement contained most of the necessary terms, certain clauses did not comply with the Act. After making several amendments to address these issues, the Commission concluded that the agreement, as modified, met the legislative requirements and was fair and reasonable. The Commission approved the agreement, subject to the modifications, and ordered that it be registered as a registered agreement under the Fair Work Act.

The final orders of the Commission were that the Ipswich Grammar School Collective Agreement 2021, as amended, be approved and registered as a registered agreement under the Fair Work Act. The agreement, with the modifications made by the Commission, would now serve as the basis for the terms and conditions of employment for the relevant employees at the school.

The Ipswich Grammar School T/A Ipswich 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