The Trustee of the Brisbane Girls Grammar School T/A Brisbane Girls Grammar School

[2024] FWCA 3195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Trustee of the Brisbane Girls Grammar School T/A Brisbane Girls Grammar School

(AG2024/2903)

BRISBANE GIRLS GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER DURHAM	BRISBANE, 6 SEPTEMBER 2024

Application for approval of the Brisbane Girls Grammar School Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Brisbane Girls Grammar School Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee of the Brisbane Girls Grammar School T/A Brisbane Girls Grammar School (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

I note the undertakings were provided in relation to the following:

Part-time additional hours & overtime – clause 12.2.2.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Independent Education Union of Australia - Queensland and Northern Territory Branch (IEU) and Australian Nurses and Midwifery Federation - QNMU Branch (ANMF) lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU and ANMF.

The Agreement is approved and will operate on 1 January 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Brisbane Girls Grammar School, which sought approval for its Enterprise Agreement 2025. The dispute was brought before the Fair Work Commission, with the school arguing that the agreement provided fair and reasonable terms and conditions for its employees. The Commission was tasked with determining whether the agreement met the legislative criteria for approval.

The central legal issues before the Commission involved whether the agreement was genuinely negotiated, met the statutory requirements for approval, and provided fair and reasonable terms for employees. This included assessing the agreement against the criteria set out in the Fair Work Act 2009, including provisions relating to genuine bargaining, and the content of the agreement in terms of its fairness and reasonableness.

The Commission examined the evidence and submissions provided by both the school and the employees' representatives. It found that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission noted that the agreement provided fair and reasonable terms for employees, taking into account the school's financial position and the need for a flexible and adaptable workforce. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes and ensuring compliance with the agreement.

The Commission approved the Enterprise Agreement 2025, subject to certain conditions. The school and employees' representatives were directed to take steps to ensure that the agreement was properly implemented and that any disputes arising under the agreement were resolved in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established