The Jane Franklin Hall T/A Jane Franklin Hall Inc

[2025] FWCA 16

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Jane Franklin Hall T/A Jane Franklin Hall Inc

(AG2024/5004)

JANE FRANKLIN HALL ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 JANUARY 2025

Application for approval of the Jane Franklin Hall Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Jane Franklin Hall Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Jane Franklin Hall T/A Jane Franklin Hall Inc. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of 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 United Workers Union 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 9 January 2025. The nominal expiry date of the Agreement is 30 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the applicant, The Jane Franklin Hall T/A Jane Franklin Hall Inc, which sought approval of the Jane Franklin Hall Enterprise Agreement 2024 from the Fair Work Commission. The primary dispute revolves around whether the agreement complies with the Fair Work Act 2009 and whether it is in the best interests of the employees involved. The applicant argued that the agreement was fair and reasonable, while the respondents raised concerns about various aspects of the agreement, including its compliance with statutory provisions and its fairness to the employees.

The legal issues before the court included determining whether the agreement adequately addressed the rights and obligations of the parties, complied with relevant legislative requirements, and was in the best interests of the employees. The court had to consider the provisions of the Fair Work Act, including sections related to enterprise agreements, and assess the fairness of the agreement based on the evidence presented by both parties. Additionally, the court examined whether the agreement met the criteria for approval under the Act.

The Fair Work Commission found that the agreement was compliant with the statutory requirements and was fair and reasonable for the employees. The court considered the submissions and evidence from both parties, and concluded that the agreement did not disadvantage employees in any significant way. The court emphasised that the agreement had been developed through a process of genuine negotiation, and that it provided adequate protections and benefits for the employees. The court further noted that the agreement was in the best interests of the employees and met the criteria for approval under the Fair Work Act.

In light of the findings, the Fair Work Commission approved the Jane Franklin Hall Enterprise Agreement 2024. The decision highlighted the importance of ensuring that enterprise agreements are developed through genuine negotiation and that they provide fair and reasonable terms for employees. The approval of the agreement signifies that it will now form the basis of the employment relationship between the applicant and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established