The Hutchins School Summary

[2018] FWCA 2033

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Hutchins School

(AG2017/6380)

The Hutchins School Education Support Staff Enterprise Agreement 2018

Tasmania
Commissioner Johns	SYDNEY, 9 APRIL 2018

Application for approval of The Hutchins School Education Support Staff Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as The Hutchins School Education Support Staff Enterprise Agreement 2018 (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.

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

Subject to the undertakings referred to above, 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of The Hutchins School involved an application for the approval of an Enterprise Agreement between the school and its education support staff. The Hutchins School is an independent educational institution in Tasmania, and the agreement in question pertains to the employment conditions of its support staff. The application was made under the Fair Work Act 2009, which mandates that certain conditions must be met for an enterprise agreement to be approved. The Commission's role was to determine whether the agreement met these legal standards and if it was in the best interests of the employees.

The legal issues central to this case revolved around whether the Enterprise Agreement adhered to the requirements set out in the Fair Work Act. Specifically, the Commission needed to consider if the agreement included all the prescribed terms, was free from prohibited content, and did not adversely affect the employees' ability to make a protected industrial action. Additionally, the Commission had to assess whether the agreement was genuinely negotiated and if it met the "better off overall test," which requires that the agreement be at least as beneficial to the employees as the applicable awards or other industrial instruments.

After thorough examination, the Fair Work Commission found that the Enterprise Agreement satisfied all the necessary legal criteria. The agreement included all prescribed terms, was free from prohibited content, and did not undermine the employees' rights to engage in protected industrial action. The Commission concluded that the agreement was genuinely negotiated and met the "better off overall test." Consequently, the application for approval was granted, and the agreement was approved as a registered agreement under the Fair Work Act.

The final orders of the Commission were to approve the Enterprise Agreement, which now serves as the governing document for the employment conditions of the education support staff at The Hutchins School. This decision ensures that the staff members are covered by a legally compliant agreement that provides them with fair and just working conditions.

The Hutchins School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established