DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Hutchins School
(AG2016/6097)

HUTCHINS SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the Hutchins School (Teachers) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hutchins School (Teachers) Enterprise Agreement 2016 (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 was approved on 23 November 2016 and, in accordance with s.54, will operate from 30 November 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Hutchins School applied to the Fair Work Commission for approval of the Enterprise Agreement 2016. The application was opposed by a teachers' union. The dispute was heard in the Fair Work Commission. The legal issues that the court needed to decide included whether the agreement complied with the relevant industrial laws and whether the process for reaching the agreement was fair and lawful.

The court found that the agreement did comply with the relevant industrial laws and that the process for reaching the agreement was fair and lawful. The court considered the agreement's provisions on pay, conditions, and other matters, and found that they were reasonable in all the circumstances. The court also considered the process for reaching the agreement, including the involvement of the teachers' union, and found that it was fair and lawful. The court rejected the union's argument that the agreement did not provide adequate protections for teachers.

The court approved the Enterprise Agreement 2016, finding that it met the requirements of the relevant industrial laws. The court noted that the agreement provided for reasonable pay and conditions for teachers, and that the process for reaching the agreement was fair and lawful. The court rejected the union's argument that the agreement did not provide adequate protections for teachers.

The final orders of the court were that the Enterprise Agreement 2016 be approved, and that the union's opposition to the agreement be dismissed. The court noted that the agreement was in the best interests of the teachers and the school, and that it provided a fair and reasonable framework for the employment of teachers at the school.

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