The Hutchins School

[2022] FWCA 261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Hutchins School

(AG2021/9000)

The Hutchins School (Teachers) Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 31 JANUARY 2022

Application for approval of The Hutchins School (Teachers) Enterprise Agreement 2022

The Hutchins School (the Employer) has made an application for approval of an enterprise agreement known as The Hutchins School (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.

On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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, 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 31 January 2022 and, in accordance with s 54, will operate from 7 February 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Hutchins School sought approval of its 2022 teachers' enterprise agreement. The application was brought before the Fair Work Commission. The central issue before the commission was whether the proposed agreement complied with the Fair Work Act 2009, particularly in terms of whether it met the requirements for a fair and equitable enterprise agreement. This included assessing if the agreement provided appropriate remuneration and conditions for the teachers, and if it had been made in good faith.

The commission examined the evidence presented by both the school and the teachers' union, considering factors such as the bargaining process, the terms and conditions proposed, and the economic context. It was noted that the agreement was the result of good faith negotiations between the school and the union, and that the proposed terms were consistent with industry standards. The commission also considered the school's financial position and the need to balance the interests of both parties. After careful consideration, the commission concluded that the proposed agreement was fair and equitable, meeting the statutory requirements for approval.

The Fair Work Commission approved the 2022 teachers' enterprise agreement, finding that it was made in good faith and provided fair and equitable terms and conditions for the teachers. The commission's decision was based on the evidence presented and the need to balance the interests of both the school and the teachers. The approval of the agreement ensures that the teachers at The Hutchins School will have a fair and equitable enterprise agreement for the coming period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established