DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Hutchins School
(AG2019/991)

THE HUTCHINS SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 APRIL 2019

Application for approval of The Hutchins School (Teachers) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hutchins School (Teachers) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Hutchins School. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Hutchins School sought approval for its 2019 Enterprise Agreement with its teachers. The application was heard by the Fair Work Commission (FWC), specifically the Deputy President. The school argued that the agreement was fair and reasonable, while the teachers' union contested certain aspects, particularly the conditions around workload and professional development.

The legal issues before the FWC were whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009, particularly if it was fair and reasonable. The union raised concerns that the agreement did not adequately address teacher workload, professional development opportunities, and other working conditions. The Hutchins School maintained that the agreement was comprehensive and balanced the interests of both the school and the teachers.

The Deputy President found that the agreement contained provisions that were not sufficiently clear or detailed on several points, including workload and professional development. Despite this, the Deputy President concluded that the agreement was fair and reasonable overall, considering the evidence and submissions presented. The Deputy President noted the school's efforts to ensure the agreement met the needs of both parties and acknowledged the union's concerns but found that they did not outweigh the overall fairness of the agreement.

The Deputy President approved the Enterprise Agreement, subject to certain clarifications and modifications to address the identified issues. The school and the union were directed to work together to resolve these matters within a specified timeframe.

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