DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Grammar School Limited T/A Yarra Valley Grammar
(AG2015/6823)

YARRA VALLEY GRAMMAR GENERAL STAFF AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 21 DECEMBER 2015

Application for approval of the Yarra Valley Grammar General Staff Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Grammar School General Staff 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 School T/A Yarra Valley Grammar. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 December 2015 and, in accordance with s.54, will operate from 28 December 2015. The nominal expiry date of the Agreement is 21 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Yarra Valley Grammar School Limited, trading as Yarra Valley Grammar, for approval of the Yarra Valley Grammar General Staff Agreement 2015. The application was brought pursuant to section 227 of the Fair Work Act 2009, seeking the Commission's approval of an agreement that would determine the terms and conditions of employment for the school's general staff. The applicants, the school and the teachers' union, argued that the proposed agreement would provide for fair and reasonable terms of employment, while the respondents, a group of teachers, contested certain provisions of the agreement, arguing that they were unfair or unreasonable.

The legal issues before the Commission involved the interpretation and application of sections 227 and 230 of the Fair Work Act 2009, and the Fair Work (Registered Organisations) Act 2009, in determining whether the proposed agreement met the requirements for approval. The key issues included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the process by which the agreement was negotiated and agreed upon was in accordance with the relevant legislative provisions. The Commission also had to consider whether the agreement contained any unfair or unreasonable terms, and whether those terms could be severed from the agreement.

The Fair Work Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment, and that the process by which the agreement was negotiated and agreed upon was in accordance with the relevant legislative provisions. The Commission noted that the agreement contained a number of provisions that were designed to provide for flexibility in the school's operations, while also ensuring that staff were adequately compensated for their work. The Commission also found that any potentially unfair or unreasonable terms could be severed from the agreement without compromising its overall fairness and reasonableness. Accordingly, the Commission approved the Yarra Valley Grammar General Staff Agreement 2015, subject to the severing of certain provisions that were found to be unfair or unreasonable.

The final orders of the Commission were that the Yarra Valley Grammar General Staff Agreement 2015 be approved, subject to the severing of certain provisions. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that the school and the teachers' union take all necessary steps to give effect to the approved agreement. The teachers who had contested the agreement were given the opportunity to appeal the Commission's decision, but none chose to do so. The approval of the agreement ensures that the terms and conditions of employment for the school's general staff are determined by a fair and reasonable agreement, rather than by the potentially more adversarial processes of the Fair Work Commission.

Yarra Valley Grammar School Limited T/A 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