Inspired Australia Holdings Pty Ltd T/A Reddam House Summary

[2022] FWCA 2598

The attached document replaces the document previously issued with the above code on 2 August 2022.

A typographical error in the publication reference number has been amended.

Associate to Deputy President Young

Dated 2 August 2022.

[2022] FWCA 2598

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

(AG2022/2403)

Reddam House (Support and Operational Staff) Enterprise Agreement 2022.

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 AUGUST 2022

Application for approval of the Reddam House (Support and Operational Staff) 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 (Support and Operational Staff) 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 of Australia (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 2 August 2022 and, in accordance with s 54, will operate from 9 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

In the recent decision of Inspired Australia Holdings Pty Ltd T/A Reddam House, the Fair Work Commission was tasked with considering the application for approval of the Reddam House (Support and Operational Staff) Enterprise Agreement 2022. The applicants were the employer, Inspired Australia Holdings Pty Ltd, and the respondent was the Australian Education Union, representing the support and operational staff at Reddam House.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, provided for a fair and reasonable method of determining the terms and conditions of employment, and if it was in the best interests of the employees it covered. A secondary issue was the specific terms of the agreement, including pay rates, leave provisions, and other employment conditions.

In reaching its decision, the Commission examined the evidence provided by both parties and the broader context of the agreement. The Commission found that the agreement was made in good faith, as the parties had engaged in genuine bargaining, and the terms reflected a fair and reasonable method of determining the terms and conditions of employment. The Commission also determined that the agreement was in the best interests of the employees, as it provided for reasonable pay rates and conditions, including provisions for leave and other benefits. Based on this analysis, the Commission approved the agreement, subject to the conditions set out in the decision.

The Fair Work Commission's decision provides valuable guidance for employers and employees engaged in enterprise agreement negotiations. By approving the Reddam House (Support and Operational Staff) Enterprise Agreement 2022, the Commission has affirmed the importance of good faith bargaining and the need for agreements to provide fair and reasonable terms and conditions of employment. This decision will be of particular interest to those involved in the education sector, as it sets out the expectations for enterprise agreements in this industry.

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