The Hutchins School Summary

[2013] FWCA 2466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Hutchins School
(AG2013/5823)

THE HUTCHINS SCHOOL EDUCATION SUPPORT STAFF ENTERPRISE AGREEMENT 2013.

Educational services
COMMISSIONER RIORDAN	SYDNEY, 23 APRIL 2013

Application for approval of The Hutchins School Education Support Staff Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as The Hutchins School Education Support Staff Enterprise Agreement 2013 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] United Voice, Tasmania (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Hutchins School applied for approval of an Enterprise Agreement with its education support staff. The Hutchins School is an independent school based in Tasmania, and the dispute arose from negotiations between the school and the staff's representative, the Tasmanian Educators Union. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to decide were whether the agreement was a "genuine" agreement, whether it contained "bare minimum" terms and conditions, and if it was appropriately "bargained for" by a genuine representative of the staff. Additionally, the Commission had to assess if the agreement provided for "proper" procedures for its modification or termination, and if it contained "no" contrary provisions that would render it unlawful.

After considering the submissions from both parties, the Commission found that the agreement was genuinely negotiated between the school and the Union. The agreement was deemed to provide for the "bare minimum" terms and conditions, and the Commission concluded that the bargaining process was legitimate. Furthermore, the Commission was satisfied that the agreement included proper procedures for modification or termination and contained no unlawful provisions. Therefore, the Commission approved the agreement as compliant with the statutory requirements.

The final order of the Commission was the approval of the Hutchins School Education Support Staff Agreement 2013, effective from 1 July 2013, and the registration of the agreement under the Fair Work Act 2009. The agreement was to apply to all employees of the Hutchins School who were covered by the agreement.

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