Hester Hornbrook Academy Ltd Summary

[2021] FWCA 6298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hester Hornbrook Academy Ltd
(AG2021/7581)

HESTER HORNBROOK ACADEMY ENTERPRISE AGREEMENT 2021-2023

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 OCTOBER 2021

Application for approval of the Hester Hornbrook Academy Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Hester Hornbrook Academy Enterprise Agreement 2021-2023 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union and the Independent Education Union of Australia 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 22 October 2021. 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 applicant, Hester Hornbrook Academy Ltd, sought approval of the Hester Hornbrook Academy Enterprise Agreement 2021-2023. The agreement was negotiated with the union representing the employees of the academy. The application was brought before the Fair Work Commission, with the union opposing the application. The primary dispute centred on the conditions outlined in the proposed enterprise agreement, particularly regarding wages, working hours, and other employment terms.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included ensuring that the agreement did not disadvantage employees unjustifiably, and that it was reached through genuine bargaining. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the employees and if it met the criteria for approval under the Act.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement was fair and reasonable. The Commission noted that the agreement contained provisions that were consistent with industry benchmarks and that it had been negotiated in good faith. The Commission also found that the agreement provided for adequate protections for the employees, including provisions for minimum wage increases, leave entitlements, and other employment benefits. Based on this, the Commission approved the Hester Hornbrook Academy Enterprise Agreement 2021-2023.

The Fair Work Commission approved the Hester Hornbrook Academy Enterprise Agreement 2021-2023, finding that it met the necessary criteria for approval under the Fair Work Act 2009. The agreement was deemed to provide fair and reasonable terms and conditions for the employees and to have been negotiated in good faith. The Commission’s decision was based on the evidence and submissions provided by both parties, and it ensures that the agreement is consistent with industry standards and provides adequate protections for the employees.

Hester Hornbrook Academy Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established