DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westbourne Grammar School
(AG2017/6649)

WESTBOURNE GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2018-2021

Educational services
COMMISSIONER JOHNS	SYDNEY, 4 JUNE 2018

Application for approval of the Westbourne Grammar School Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Westbourne Grammar School Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Westbourne Grammar School. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Westbourne Grammar School Enterprise Agreement 2018-2021. The application was brought by the employer, Westbourne Grammar School, and the respondents were the relevant unions representing the employees. The dispute centred on the terms and conditions of employment within the school and whether the proposed agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue for the Commission to decide was whether the agreement was a lawful and fair enterprise agreement as defined by the Act. This involved examining the process by which the agreement was negotiated and whether it contained all the mandated minimum terms and conditions. Additionally, the Commission needed to consider if the agreement was consistent with the public interest and whether it complied with any relevant industrial instruments.

In reaching its decision, the Commission reviewed the negotiation process and the content of the proposed agreement. It found that the agreement was the product of genuine negotiations and that it contained all the required minimum terms and conditions. The Commission also determined that the agreement was consistent with the public interest and did not contravene any relevant industrial instruments. Consequently, the application for approval was successful.

The Commission approved the Westbourne Grammar School Enterprise Agreement 2018-2021, thereby authorising its implementation. The agreement was to govern the terms and conditions of employment for the relevant employees for the specified period. The approval marked the resolution of the dispute, ensuring that the agreement would be legally binding on both the employer and the employees.

Westbourne 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