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[8]
austlii:cth/FWCA/2026/21
General information, not legal advice.
FWCA
2026-01-07
Original judgment source is linked above.
s.185 - Enterprise agreement
Christ College Trust Trading AS The Hutchins School
THE HUTCHINS SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2026
Application for approval of The Hutchins School (Teachers) Enterprise Agreement 2026
[1] An application has been made for approval of an enterprise agreement known as The Hutchins School (Teachers) Enterprise Agreement 2026 (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 (Employer). The Agreement is a single enterprise agreement.
[2] 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.
[3] 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).
[4] The Form F18 - Declaration of employee organisation in relation to an application for approval of an enterprise agreement (other than a greenfields agreement) filed by the Independent Education Union of Australia (IEUA) indicated the IEUA had concerns around whether the Agreement passes the better off overall test. The matters raised by the IEUA appear to be rectified by the undertakings referred to above. The IEUA was provided an opportunity to raise any concerns relating to the undertaking. They did not.
[5] The IEUA being a bargaining representative for the Agreement has given notice under s 183 of the Act that it wants the Agreement to cover it.
[6] In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.
[7] The Agreement is approved, and in accordance with s.54, of the Act will operate from 14 January 2026. The nominal expiry date of the Agreement is 31 December 2029.
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