DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Hutchins School
(AG2021/6722)

HUTCHINS SCHOOL EDUCATION SUPPORT STAFF ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 3 SEPTEMBER 2021

Application for approval of the Hutchins School Education Support Staff Enterprise Agreement 2021.

[1] The Hutchins School (the Employer) has made an application for approval of an enterprise agreement known as the Hutchins School Education Support Staff Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that clauses 10.2 and 28 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement was approved on 3 September 2021 and, in accordance with s 54, will operate from 10 September 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 Hutchins School filed an application for approval of the Hutchins School Education Support Staff Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for the school's education support staff, which included provisions for wages, hours of work, leave, and other employment-related matters. The matter was heard in the Fair Work Commission, which is the relevant authority for matters concerning enterprise agreements in Australia.

The central legal issues the court needed to address were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, and if it met the "better off overall test" (BOOT). This test required the court to determine whether the proposed agreement provided employees with a better overall package of terms and conditions than they would have under the applicable award or safety net. The court also needed to ensure the agreement did not unfairly disadvantage any employees.

The Fair Work Commission found that the proposed agreement was in compliance with the Fair Work Act and met the BOOT. The court concluded that the agreement provided a fair balance of rights and obligations for both the employer and employees, and it did not unfairly disadvantage any of the staff. The commission took into account the specific circumstances of the Hutchins School, including the nature of the work and the educational environment, in reaching its decision. The court approved the enterprise agreement, emphasising the importance of maintaining a cooperative relationship between the school and its education support staff.

The final orders included the approval of the Hutchins School Education Support Staff Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the relevant staff until the next review period.

The Hutchins School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established