The Hutchins School T/A The Hutchins School Summary

[2024] FWCA 2089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Hutchins School T/A The Hutchins School

(AG2024/1585)

THE HUTCHINS SCHOOL EDUCATION SUPPORT ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 6 JUNE 2024

Application for approval of The Hutchins School Educational Support Staff Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as The Hutchins School Educational Support Staff Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by The Hutchins School T/A The Hutchins School (Employer). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) issued by the Employer omitted the word ‘2024’ from the name of the Agreement. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. I am satisfied that this constitutes a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

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 that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Independent Education Union of Australia being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 13 June 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Hutchins School T/A The Hutchins School sought approval for its Educational Support Staff Enterprise Agreement 2024. The application involved a dispute between the school and its educational support staff regarding the terms and conditions of their employment. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal standards for approval.

The legal issues before the Commission included whether the agreement provided adequate protections for employees, including minimum wage rates, leave entitlements, and other employment conditions. The Commission also had to consider whether the agreement complied with relevant industrial laws and whether it promoted fair and productive workplace relations.

The Commission found that the proposed agreement was fair and balanced, taking into account the needs of both the school and its employees. The agreement provided for reasonable wage rates and conditions, as well as provisions for leave and other benefits that met the requirements of the Fair Work Act. The Commission was satisfied that the agreement would promote productive and harmonious workplace relations and did not contain any provisions that would be detrimental to the employees or the school. Accordingly, the Commission approved the agreement.

The final order of the Commission was that the Hutchins School T/A The Hutchins School Educational Support Staff Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be in effect from the date of the Commission's decision and will apply to all educational support staff employed by the school.

The Hutchins School T/A 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