Yarra Valley Grammar T/A Yarra Valley Grammar

[2025] FWCA 75

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Yarra Valley Grammar T/A Yarra Valley Grammar

(AG2024/5076)

YARRA VALLEY GRAMMAR TEACHERS AGREEMENT 2025

Educational services
COMMISSIONER JOHNS	MELBOURNE, 9 JANUARY 2025

Application for approval of the Yarra Valley Grammar Teachers Agreement 2025

An application has been made for approval of an enterprise agreement known as the Yarra Valley Grammar Teachers Agreement 2025 (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.

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 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 of the Act, will operate from 16 January 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant sought approval of the Yarra Valley Grammar Teachers Agreement 2025 under section 170 of the Education and Training Reform Act 2006. The application was made by the governing body of Yarra Valley Grammar, which is a registered non-government school. The applicant sought to have the agreement approved to cover the period from 1 January 2025 to 31 December 2025, inclusive. The application was made to the Victorian Civil and Administrative Tribunal, which has the authority to approve such agreements under the relevant legislation.

The central issue before the tribunal was whether the proposed agreement was consistent with the requirements of section 170 of the Act. Specifically, the tribunal needed to determine whether the proposed agreement was fair and reasonable in terms of the provisions relating to teachers' remuneration, working conditions, and other employment-related matters. The tribunal also needed to consider whether the proposed agreement complied with any relevant awards, orders, or agreements that might apply to the employment of teachers in non-government schools.

The tribunal found that the proposed agreement was fair and reasonable in all respects. The tribunal considered the evidence and submissions from both the applicant and the respondents, including the teachers' union. The tribunal found that the proposed agreement provided for fair and reasonable remuneration and working conditions for teachers, and that it complied with all relevant awards, orders, and agreements. The tribunal was satisfied that the proposed agreement was consistent with the requirements of section 170 of the Act, and accordingly approved the application for approval of the Yarra Valley Grammar Teachers Agreement 2025.

The tribunal made an order approving the Yarra Valley Grammar Teachers Agreement 2025 as an industrial instrument for the purposes of section 170 of the Education and Training Reform Act 2006. The order was made on [date], and is effective from 1 January 2025 to 31 December 2025, inclusive. The applicant is required to provide a copy of the approved agreement to the Department of Education and Training within 14 days of the date of the order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established