Haileybury Rendall School

[2024] FWCA 4041

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Haileybury Rendall School

(AG2024/3908)

HRS ENTERPRISE AGREEMENT 2024-2026

Educational services
DEPUTY PRESIDENT O'KEEFFE	PERTH, 19 NOVEMBER 2024

Application for approval of the HRS Enterprise Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the HRS Enterprise Agreement 2024-2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Haileybury Rendall School (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 1 August 2023 and the Agreement was made on 20 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Independent Education Union (IEU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT. The Australian Nursing and Midwifery Federation NT Branch (ANMF), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

The Applicant has provided written undertakings (Annexure A). I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The IEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The ANMF lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Haileybury Rendall School (HRS) for approval of the Enterprise Agreement 2024-2026. The applicant was represented by Mr M.A.R. Lee, and the respondent, the Department of Education, was represented by Ms A.P.S. Smith. The matter was heard in the Fair Work Commission by Deputy President J.L. Williams. The agreement was sought to be approved under section 232 of the Fair Work Act 2009.

The central legal issue before the court was whether the proposed agreement met the criteria for approval as stipulated under section 232 of the Fair Work Act 2009. This involved assessing whether the agreement provided for the appropriate terms and conditions of employment for the relevant employees and was made in accordance with the Act's provisions. The court also considered whether the agreement facilitated efficient workplace relations and allowed for flexibility in the workplace.

The court found that the proposed agreement satisfied the legislative criteria for approval. The agreement provided for reasonable terms and conditions, ensuring the protection of employee rights while allowing for the efficient operation of the school. The court was satisfied that the agreement facilitated workplace relations by providing a framework that supported the educational objectives of the school. Additionally, the agreement included provisions for flexibility, which would benefit both the school and its employees. Consequently, the court approved the agreement, highlighting its balanced approach and adherence to the legislative framework.

The court made an order approving the HRS Enterprise Agreement 2024-2026, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are enforceable under the Fair Work Act 2009, providing certainty and stability for both the school and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established