Hester Hornbrook Academy Ltd

[2024] FWCA 2123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hester Hornbrook Academy Ltd

(AG2024/1823)

HESTER HORNBROOK ACADEMY ENTERPRISE AGREEMENT 2024-2026

Educational services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 7 JUNE 2024

Application for approval of the Hester Hornbrook Academy Enterprise Agreement 2024 – 2026

An application has been made for approval of an enterprise agreement known as the Hester Hornbrook Academy 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 Hester Hornbrook Academy Ltd T/A Hester Hornbrook Academy. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Independent Education Union of Australia (IEUA) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) being the 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. The IEUA and ASU support approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2024. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Hester Hornbrook Academy Ltd, which sought approval for its Enterprise Agreement 2024-2026. The academy, a non-for-profit entity, aimed to have the agreement ratified to govern the terms and conditions of employment for its staff. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and whether it provided adequate protections for the employees while balancing the operational needs of the academy. The Fair Work Commission was tasked with reviewing the agreement to ensure it met the necessary legal standards.

The primary legal issues before the Commission were whether the agreement contained all the mandated minimum terms and conditions as outlined by the Fair Work Act, and if it allowed for fair and reasonable terms that addressed the specific needs of the academy and its workforce. The Commission needed to assess if the proposed agreement struck the right balance between the employer's rights and the employees' protections. Additionally, it had to determine whether the agreement provided for fair dispute resolution mechanisms and adequate safeguards against unfair dismissal.

In deliberating on the matter, the Commission found that the agreement substantially complied with the requirements of the Fair Work Act. It provided for all the mandated minimum terms and conditions, including provisions on wages, hours of work, leave entitlements, and dispute resolution. The agreement also contained provisions that were fair and reasonable, taking into account the unique operational context of the academy. The Commission acknowledged the need for flexibility in a non-for-profit educational setting while ensuring that employees' rights were not unduly compromised. Consequently, the Commission approved the agreement, finding it to be in the best interests of both the employer and the employees.

The final orders of the Commission included the approval of the Hester Hornbrook Academy Enterprise Agreement 2024-2026, subject to the conditions set out in the decision. The agreement was to take effect from the date of approval and would govern the employment terms for the staff of the academy for the specified period. The Commission emphasised the importance of ongoing consultation and good faith bargaining between the parties to address any issues that may arise during the life of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established