Trinity Grammar School Kew Summary

[2023] FWCA 3177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trinity Grammar School Kew

(AG2023/3206)

TRINITY GRAMMAR SCHOOL KEW ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER WILSON	MELBOURNE, 3 OCTOBER 2023

Application for approval of the Trinity Grammar School Kew Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Trinity Grammar School Kew Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trinity Grammar School Kew. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2023. The nominal expiry date of the Agreement is 3 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Trinity Grammar School Kew sought approval of its 2023 Enterprise Agreement from the Fair Work Commission. The school aimed to implement a new agreement that would govern the employment conditions of its staff. The dispute arose from concerns about the terms of the proposed agreement, particularly regarding the classification and remuneration of teaching staff. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative provisions.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included assessing if the agreement provided for minimum entitlements that complied with the National Employment Standards and if it had been made in good faith. The Commission also needed to consider whether the agreement had been subjected to a proper bargaining process and if it included adequate protections for employee interests.

The Commission found that the proposed agreement met the necessary legislative criteria. It determined that the agreement provided for all required minimum entitlements and had been made in good faith. The Commission was satisfied that the bargaining process was fair and that the agreement included adequate protections for the employees. Consequently, the Commission approved the agreement, finding it to be in accordance with the statutory requirements and fair for the purposes of the Act.

The Fair Work Commission approved the Trinity Grammar School Kew Enterprise Agreement 2023. The approval was based on the finding that the agreement met the statutory requirements under the Fair Work Act 2009, including the provision of minimum entitlements and adherence to good faith bargaining principles. The Commission determined that the agreement was fair and compliant with the legislative framework, thus granting the requested approval.

Trinity Grammar School Kew

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established