Inspired Australia Holdings Pty Ltd T/A Reddam House Summary

[2022] FWCA 2568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Inspired Australia Holdings Pty Ltd T/A Reddam House

(AG2022/2401)

Reddam House (Teachers) Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 JULY 2022

Application for approval of the Reddam House (Teachers) Enterprise Agreement 2022

Inspired Australia Holdings Pty Ltd T/A Reddam House (the Employer) has made an application for approval of an enterprise agreement known as the Reddam House (Teachers) Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration. 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.

The Independent Education Union (IEU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 29 July 2022 and, in accordance with s 54, will operate from 5 August 2022. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Inspired Australia Holdings, trading as Reddam House, sought approval for the Reddam House (Teachers) Enterprise Agreement 2022. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the requirements set out in the Fair Work Act 2009. The primary issue before the Commission was whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions.

The Fair Work Commission considered several factors in reaching its decision. It examined whether the agreement provided fair and reasonable terms and conditions for the employees, whether it included adequate provisions for dispute resolution, and whether it met the minimum standards set by the Act. The Commission also evaluated the process through which the agreement was negotiated and whether it involved genuine and meaningful consultation with the employees. After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement was in the best interests of the employees and met the legislative requirements.

The Fair Work Commission approved the Reddam House (Teachers) Enterprise Agreement 2022. The Commission found that the agreement provided fair and reasonable terms and conditions for the employees and included adequate provisions for dispute resolution. The Commission was satisfied that the agreement met the minimum standards set by the Act and that the negotiation process involved genuine and meaningful consultation with the employees. The approval of the agreement will now take effect, binding the parties to the terms and conditions outlined in the agreement.

Inspired Australia Holdings Pty Ltd T/A Reddam House

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established