Haileybury Rendall School

[2020] FWCA 6638

[2020] FWCA 6638

FAIR WORK COMMISSION

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

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Annexure A