DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee of the Brisbane Girls Grammar School T/A Brisbane Girls Grammar School
(AG2018/6527)

BRISBANE GIRLS GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER BISSETT	MELBOURNE, 1 APRIL 2019

Application for approval of the Brisbane Girls Grammar School Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Girls Grammar School Enterprise Agreement 2019 (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 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Independent Education Union of Australia (IEUA) and Australian Nursing and Midwifery Federation (ANMF) 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 the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Trustee of the Brisbane Girls Grammar School, trading as Brisbane Girls Grammar School, made an application to the Fair Work Commission for the approval of the Brisbane Girls Grammar School Enterprise Agreement 2019. The application was contested by the Queensland Teachers' Union and the Australian Education Union. The central issue before the Commission was whether the agreement contained terms that were contrary to the public interest or contrary to the provisions of the Fair Work Act 2009. Specifically, the unions argued that certain terms in the agreement relating to remuneration and conditions of employment were not in the public interest and did not comply with the statutory requirements.

The Commission carefully examined the provisions of the agreement and the relevant legal framework. It considered the public interest considerations, including the need to ensure fair and reasonable terms for employees, and the obligations of the employer to provide a safe and healthy working environment. The Commission also assessed whether the agreement provided adequate protections for employees and whether it was consistent with the principles of the Fair Work Act. After a detailed analysis, the Commission concluded that the agreement did not contain terms that were contrary to the public interest or in breach of the statutory requirements.

As a result, the Commission approved the Brisbane Girls Grammar School Enterprise Agreement 2019. The decision emphasised the importance of fair and reasonable terms in enterprise agreements and the need for compliance with the statutory framework. The unions' concerns were not substantiated, and the agreement was found to be in the public interest and compliant with the Fair Work Act. This decision provides clarity for the parties involved and ensures that the agreement operates effectively within the legal framework.

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