AMES Australia

[2025] FWCA 803

[2025] FWCA 803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AMES Australia

(AG2025/383)

AMES AUSTRALIA TEACHERS’ ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 4 MARCH 2025

Application for approval of the AMES Australia Teachers’ Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the AMES Australia Teachers’ 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 AMES Australia (Employer). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) issued by the Employer was prepared using a version of the NERR that applied prior to the 6 June 2023 legislative reforms. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. Further, the NERR omits “2024” from the Agreement title and instead refers to “2023.” Having regard to the Employer’s submissions, I am satisfied that these are minor or technical errors and employees covered by the Agreement were not likely to have been disadvantaged by them. I consider that the Agreement has been genuinely agreed to, noting s 188(5)(a) of the Act.  

1. 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.  

1. Subject to the undertakings referred to above, and the written submissions provided in response to the Commission’s initial concerns, 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).  

1. The Australian Education Union (AEU) 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.

1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 11 March 2025. The nominal expiry date of the Agreement is 8 March 2025 which meets the requirements of s 186(5) of the Act. The parties acknowledge that the nominal expiry date precedes the operative date of the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE528244  PR784932>

Annexure A