DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Grammar
(AG2014/10199)

YARRA VALLEY GRAMMAR AGREEMENT 2015

Educational services
COMMISSIONER BISSETT	MELBOURNE, 14 JANUARY 2015

Application for approval of the Yarra Valley Grammar Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Grammar Agreement 2015 (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] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 13 January 2019.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Yarra Valley Grammar, a private school in Melbourne, applied for the court's approval of the Yarra Valley Grammar Agreement 2015, a document governing the relationship between the school and its students. The court was asked to determine whether the Agreement was fair, just, and reasonable in light of the interests of the students.

The primary legal issue was whether the Agreement adequately protected the students' rights and interests. This included assessing whether the Agreement provided for the students' educational, welfare, and other rights, and if it imposed appropriate obligations on the school. The court also considered whether the Agreement was consistent with relevant legislation and public policy.

The court found that the Agreement was fair, just, and reasonable. It held that the Agreement provided for the students' rights and interests, and imposed appropriate obligations on the school. The court noted that the Agreement was consistent with relevant legislation and public policy, and that it provided for a fair process for resolving disputes between the school and the students. The court also found that the Agreement provided for adequate protection of the students' educational and welfare rights, and that it was consistent with the school's obligations under the Education and Training Reform Act 2006 (Vic).

The court approved the Agreement, subject to certain conditions. These included a requirement that the school provide the students with certain information, and that the Agreement be reviewed every two years. The court also ordered that the Agreement be made available to the students and their parents, and that the school take steps to ensure that the students were aware of their rights and obligations under the Agreement.

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