Application by Gippsland Grammar
Citation: [2026] FWCA 1997
What happened
Gippsland Grammar sought approval for the Gippsland Grammar Enterprise Agreement 2026. The agreement included a clause (2B.4) regarding pay rates for ‘GAP’ assistants, which initially appeared to set their wage at Level 1.2A regardless of age. This raised concerns about whether employees over 20 would be paid appropriately. Gippsland Grammar provided written undertakings to address this issue.
What was decided
The Fair Work Commission approved the Gippsland Grammar Enterprise Agreement 2026. The Deputy President was satisfied that the agreement met the requirements of sections 186, 187 and 188 of the Fair Work Act 2009. Concerns about the GAP Assistant pay rate were resolved with written undertakings from Gippsland Grammar, which became terms of the agreement. The Independent Education Union of Australia (IEU) is covered by the agreement.
What it means for employers
Employers should carefully review enterprise agreements to ensure clarity regarding pay rates for all employee groups. Ambiguous clauses can lead to concerns about compliance with age-based wage entitlements. Providing written undertakings can resolve issues and secure approval, but these become legally binding terms.
What it means for employees
Employees should review enterprise agreements to understand their pay entitlements. If there are any ambiguities or concerns about whether the agreement is being applied correctly, seek advice from a union or Fair Work Ombudsman.
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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