DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Governors of Hale School T/A Hale School
(AG2019/741)

HALE SCHOOL ADMINISTRATION AND OPERATIONS STAFF (ENTERPRISE BARGAINING) AGREEMENT 2018

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 11 JULY 2019

Application for approval of the Hale School Administration and Operations Staff (Enterprise Bargaining) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hale School Administration and Operations Staff (Enterprise Bargaining) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Governors of Hale School T/A Hale School. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Nursing and Midwifery Federation, the Independent Education Union of Australia and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2019. The nominal expiry date of the Agreement is 31 December 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Governors of Hale School T/A Hale School, sought approval of an Enterprise Bargaining Agreement from the Fair Work Commission. The respondents included the Independent Education Union of Australia WA Branch and several employees of the school. The disagreement arose over the terms of the proposed agreement, which was intended to govern the administration and operations staff at the school. The Fair Work Commission heard the matter and was tasked with determining whether the agreement should be approved.

The central legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement met the requirements for being a "good faith" agreement and whether it included all necessary terms and conditions as mandated by the Act. Another key issue was whether the agreement provided appropriate protections for employees and met the standards set by the Commission for enterprise agreements.

The Commission considered the arguments presented by both parties and examined the content of the proposed agreement. It found that the agreement was largely in good faith and contained all necessary terms and conditions as required by the Fair Work Act. The Commission noted that the agreement provided reasonable protections for employees and met the standards for enterprise agreements. Consequently, the Commission approved the Hale School Administration and Operations Staff (Enterprise Bargaining) Agreement 2018. The decision was based on the comprehensive nature of the agreement and its alignment with legislative requirements.

The Fair Work Commission ordered the approval of the Hale School Administration and Operations Staff (Enterprise Bargaining) Agreement 2018. This decision confirmed the agreement as a legally binding document governing the terms and conditions of employment for the administration and operations staff at Hale School.

Governors of Hale School T/A Hale School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established