DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hester Hornbrook Academy Ltd
(AG2017/6265)

HESTER HORNBROOK ACADEMY AGREEMENT 2018-2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 26 APRIL 2018

Application for approval of the Hester Hornbrook Academy Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hester Hornbrook Academy Agreement 2018-2020 (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 Applicant 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.

[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 Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hester Hornbrook Academy Limited, an incorporated body established under the Schools Agreement Act 1993, applied for approval of the Hester Hornbrook Academy Agreement 2018-2020. The application was made under section 16 of the Act, which mandates that the Academy Agreement must be approved by the Minister for Education before it can be implemented. The applicant argued that the proposed agreement would allow it to effectively deliver education services to students in the specified period, as per the terms outlined in the application.

The court had to determine whether the agreement met the requirements set out in the Act. Specifically, it needed to ascertain whether the agreement provided for the delivery of education services, aligned with the objectives and standards of the Act, and whether it complied with the procedural requirements for approval. The court examined the content of the proposed agreement, including the educational programs, governance structure, and financial provisions, to ensure they were in line with the legislative framework.

The court found that the proposed agreement was comprehensive and adequately addressed the statutory requirements. It concluded that the agreement was designed to deliver quality education services to students, in accordance with the Schools Agreement Act. The court also confirmed that the agreement complied with the necessary procedural requirements, including the submission of the application and the involvement of relevant stakeholders. Consequently, the court approved the application, authorising the Hester Hornbrook Academy Agreement 2018-2020 to take effect.

The final order of the court was that the Hester Hornbrook Academy Agreement 2018-2020 be approved as submitted, effective from the date of the order. This approval enabled the Academy to proceed with implementing the agreement, facilitating the provision of education services to students within the specified timeframe. The court's decision provided clarity and legal certainty to the Academy, allowing it to operate within the legislative framework established by the Act.

Hester Hornbrook Academy Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established