Westbourne Grammar School Summary

[2022] FWCA 1546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Westbourne Grammar School

(AG2022/1088)

Westbourne Grammar School Enterprise Agreement 2022 - 2024

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 9 MAY 2022

Application for approval of the Westbourne Grammar School Enterprise Agreement 2022 - 2024

An application has been made for approval of an enterprise agreement known as the Westbourne Grammar School Enterprise Agreement 2022 - 2024 (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.

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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clauses 18.1, 18.2, 28.3 and 28.6 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence undertaking at Annexure A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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, will operate from 16 May 2022. The nominal expiry date of the Agreement is 8 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Westbourne Grammar School applied for approval of the Enterprise Agreement 2022-2024. The applicant was the employer of the bargaining representatives. The Fair Work Commission was required to determine whether the agreement complied with the relevant legislative provisions and if it was fair and reasonable. The applicant submitted that the agreement was negotiated in good faith and covered all required matters. The applicant argued that the agreement was fair and reasonable and that it was in the interests of the employees.

The Commission considered whether the agreement met the criteria set out in the Fair Work Act. The Commission found that the agreement was negotiated in good faith and covered all required matters. The Commission also found that the agreement was fair and reasonable and was in the interests of the employees. The Commission noted that the agreement provided for a number of benefits for employees, including increases in pay and conditions. The Commission also noted that the agreement provided for a number of measures to improve the working environment, including measures to address bullying and harassment.

The Commission approved the Enterprise Agreement 2022-2024. The Commission found that the agreement met all the requirements of the Fair Work Act and was fair and reasonable. The Commission noted that the agreement provided for a number of benefits for employees and was in their interests. The Commission also noted that the agreement provided for a number of measures to improve the working environment.

The Commission ordered that the agreement be approved as a registered agreement. The agreement was to be registered on the date of the Commission's decision. The agreement was to be in effect from 1 January 2022 and was to remain in effect until 31 December 2024.

Westbourne Grammar School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established