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Board of Trustees of the Rockhampton Girls Grammar School T/A Rockhampton Girls Grammar School [2021] FWCA 795 (17 February 2021)

Last Updated: 18 February 2021

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement
Board of Trustees of the Rockhampton Girls Grammar School T/A Rockhampton Girls Grammar School

(AG2020/3914)

ROCKHAMPTON GIRLS GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2020

Application for approval of the Rockhampton Girls Grammar School Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Board of Trustees of the Rockhampton Girls Grammar School T/A Rockhampton Girls Grammar School (the Applicant) for approval of Rockhampton Girls Grammar School Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Christopher Murray, Industrial Officer of the Australian Nursing and Midwife Federation (ANMF), filed a Form F18 in this matter, advising that the ANMF supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Mr Paul Giles, Assistant Secretary/Treasurer of the Independent Education of Australia – Queensland and Northern Territory Branch (IEUQNT), filed a Form F18 in this matter, advising that the IEUQNT supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[4] Correspondence was sent to the Applicants on 20 January 2021, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 29 January 2021. The ANMF, IEUQNT and employee bargaining representatives were provided with copies of the response and proposed undertakings.

[5] The matter was listed for eHearing on 12 February 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[6] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[7] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Clause 5.12.3 – Compassionate Leave
• Clause 5.16.1 – Public Holidays
  

[8] However, noting clause 1.5.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[9] It is also noted that the consultation clause at clause 2.1.16(a) does not appear to be consistent with the requirements of the Act. Accordingly, the model consultation erm set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[10] Subject to the matters raised at paragraphs [2]-[9], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[11] In accordance with s.201(2), I note that the Agreement covers the ANMF and IEUQNT

[12] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

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Attachment A.