DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Grammar
(AG2018/7105)

YARRA VALLEY GRAMMAR AGREEMENT 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2019

Application for approval of the Yarra Valley Grammar Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Grammar Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yarra Valley 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 31 January 2019. The nominal expiry date of the Agreement is 23 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Yarra Valley Grammar, sought approval from the court of the Yarra Valley Grammar Agreement 2019, which aimed to amend the constitution of the school. The school argued that the changes would allow it to better achieve its educational mission and comply with regulatory requirements. The application was contested by the Catholic Education Commission of Victoria, which raised concerns about the impact of the proposed changes on the governance and administration of the school.

The court had to determine whether the proposed changes to the constitution of Yarra Valley Grammar were in the best interests of the school and its students. This required the court to consider the implications of the changes on the governance, administration, and financial management of the school. The court also had to consider the views of the Catholic Education Commission of Victoria and other stakeholders, as well as the potential impact on the educational mission of the school.

The court found that the proposed changes to the constitution of Yarra Valley Grammar were in the best interests of the school and its students. The court accepted that the changes would allow the school to better achieve its educational mission and comply with regulatory requirements. The court also found that the concerns raised by the Catholic Education Commission of Victoria were adequately addressed by the proposed changes. The court was satisfied that the proposed changes would not have a detrimental effect on the governance, administration, or financial management of the school. The court approved the Yarra Valley Grammar Agreement 2019 and ordered that the constitution of the school be amended accordingly.

Yarra Valley Grammar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established