Application by Board Of Trustees Of The Toowoomba Grammar School Trading AS Toowoomba Grammar School
Citation: [2026] FWCA 1736
What happened
The Applicant applied for approval of the Toowoomba Grammar School Enterprise Agreement 2026. This is a single enterprise agreement covering employees. The applicant provided written undertakings to address potential financial detriment and substantial changes. The Australian Nursing and Midwifery Federation (ANMF) and the Independent Education Union of Australia (IEUA) indicated they wished the agreement to cover them.
What was decided
The Fair Work Commission approved the Toowoomba Grammar School Enterprise Agreement 2026. the Commissioner was satisfied that all relevant requirements under sections 186, 187 and 188 of the Fair Work Act 2009 were met. The agreement will operate from July 14, 2026, and expire on December 31, 2029. The undertakings provided by the applicant are considered a term of the agreement. Workplace delegate rights from relevant awards apply.
What it means for employers
Employers seeking to implement enterprise agreements must provide written undertakings if there's potential for financial detriment or substantial changes to employee conditions. They need to ensure compliance with sections 186, 187 and 188 of the Fair Work Act 2009.
What it means for employees
Employees covered by the Toowoomba Grammar School Enterprise Agreement 2026 will have their entitlements governed by this agreement. The National Employment Standards (NES) will prevail where there's a conflict between the agreement and the NES. Workplace delegate rights are also incorporated into the agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →