DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Haileybury Rendall School
(AG2020/3314)

HRS ENTERPRISE AGREEMENT 2020-23

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 11 DECEMBER 2020

Application for approval of the HRS Enterprise Agreement 2020-23.

[1] Haileybury Rendall School has applied for approval of a single enterprise agreement known as the HRS Enterprise Agreement 2020-23 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Independent Education Union of Australia and the Australian Nursing and Midwifery Federation, both being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 11 December 2020 and, in accordance with s.54, will operate from 18 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Haileybury Rendall School sought approval of the Enterprise Agreement 2020-23, which governed the terms and conditions of employment for its employees. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in accordance with the Act, if it was a "better off overall test" agreement, and if it complied with the "good faith" bargaining requirement. The Commission also needed to consider if the agreement included appropriate provisions for dispute resolution and employee protection.

The Commission found that the agreement had been made in accordance with the Act and that it passed the "better off overall test". It was also satisfied that the agreement was made in good faith. The Commission noted that the agreement included provisions for dispute resolution and adequate protection for employees, including provisions for redundancy and dismissal. Based on these findings, the Commission approved the Enterprise Agreement 2020-23.

The Fair Work Commission approved the Enterprise Agreement 2020-23, which will govern the terms and conditions of employment for Haileybury Rendall School employees for the next three years.

Haileybury Rendall School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established