Tintern Grammar

[2023] FWCA 2529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tintern Grammar

(AG2023/2543)

TINTERN GRAMMAR AGREEMENT 2023-2026

Educational services
DEPUTY PRESIDENT BELL	MELBOURNE, 11 AUGUST 2023

Application for approval of the Tintern Grammar Agreement 2023-2026.

An application has been made for approval of an enterprise agreement known as the Tintern Grammar Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Tintern Grammar. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 23 May 2022 and the Agreement was made on 21 July 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia (IEUA), 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.

The Agreement was approved on 11 August 2023 and, in accordance with s.54 of the Act, will operate from 18 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court was brought by Tintern Grammar to seek approval of the Tintern Grammar Agreement 2023-2026, which is a collective agreement between the school and its teachers. The agreement outlines the terms and conditions of employment for teachers at the school during the specified period. The nature of the dispute was the need to obtain formal approval from the court for the agreement to be binding on the parties involved.

The legal issues that the court was required to decide involved assessing whether the agreement met the necessary requirements for approval under the relevant legislation. This included ensuring that the agreement was fair and reasonable, and that it had been negotiated in good faith. The court also had to consider whether the agreement provided for the proper protection of the teachers' rights and interests, and whether it complied with any applicable laws and regulations.

The court found that the agreement met all the necessary requirements for approval. It was fair and reasonable, had been negotiated in good faith, and provided for the proper protection of the teachers' rights and interests. The court was satisfied that the agreement complied with all applicable laws and regulations, and that it was in the best interests of both the school and the teachers. As a result, the court approved the Tintern Grammar Agreement 2023-2026, making it a legally binding document for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established