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

[2021] FWCA 6783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustees of the Brisbane Girls Grammar School T/A Brisbane Girls Grammar School
(AG2021/8296)

BRISBANE GIRLS GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER SPENCER	BRISBANE, 30 NOVEMBER 2021

Application for approval of the Brisbane Girls Grammar School Enterprise Agreement 2022

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Girls Grammar School Enterprise Agreement 2022 (the Agreement). This application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustees of the Brisbane Girls Grammar School T/A Brisbane Girls Grammar School (the Applicant). The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act, the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Independent Education Union of Australia – Queensland and Northern Territory Branch (the IEU) 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.

[5] The Queensland Nurses and Midwives’ Union (the QNMU) 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 7 December 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Trustees of the Brisbane Girls Grammar School, acting as the employer, and the teachers' union representing the school's employees. The dispute centred around the approval of the Brisbane Girls Grammar School Enterprise Agreement 2022. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, and whether it complied with the procedural requirements for registration.

The Commission examined the agreement in detail, assessing its provisions against the criteria set out in the Act. The Trustees argued that the agreement was fair and efficient, while the union contended that certain aspects of the agreement did not adequately protect the employees' interests. The Commission considered the balance of the agreement, the procedural fairness in its development, and whether it met the standards for a fair and efficient workplace. Ultimately, the Commission found that the agreement was fair and efficient, and it approved the enterprise agreement, highlighting that it met the statutory requirements and provided for a balanced and equitable workplace.

In reaching its decision, the Commission noted the overall fairness of the agreement and the procedural fairness in its development. The Commission concluded that the agreement was not only fair and efficient but also met all statutory requirements for approval. The decision was based on a comprehensive review of the agreement's provisions and the evidence presented by both parties. The final orders included the approval of the Brisbane Girls Grammar School Enterprise Agreement 2022, confirming its registration under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established