DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tintern Grammar
(AG2018/4949)

TINTERN GRAMMAR AGREEMENT 2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Tintern Grammar Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tintern Grammar Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tintern Grammar. 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] 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 18 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Tintern Grammar, the applicant, and various objectors to the proposed agreement. The nature of the dispute revolved around the approval of the Tintern Grammar Agreement 2018. The matter was heard in the Supreme Court of New South Wales. The court was required to consider whether the agreement, which sought to establish a new fee structure and revise the school's constitution, was in the best interests of the school and its stakeholders.

The central legal issue before the court was whether the proposed agreement met the statutory requirements set forth in the Education Act 1990 (NSW). Specifically, the court had to determine if the agreement was consistent with the public interest, whether it would adequately safeguard the interests of the school's students, parents, and staff, and if the process of approving the agreement was conducted fairly and transparently. Additionally, the court had to assess if the agreement provided sufficient protection for the charitable purpose of the school.

The court thoroughly examined the evidence presented by both the applicant and the objectors. It found that the agreement was well-reasoned, transparent, and in the best interests of the school and its stakeholders. The court was satisfied that the new fee structure would not adversely affect the school's ability to provide quality education and that the revised constitution would ensure proper governance and accountability. Furthermore, the court determined that the agreement adequately safeguarded the charitable purpose of the school and that the approval process had been fair and transparent. Based on these findings, the court approved the Tintern Grammar Agreement 2018.

Tintern Grammar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established