Association of Independent Schools NSW Trading AS AISNSW

Case

[2025] FWCA 3423

13 OCTOBER 2025


[2025] FWCA 3423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Association of Independent Schools NSW Trading AS AISNSW

(AG2025/3343)

THE BURGMANN ANGLICAN SCHOOL EARLY LEARNING AGREEMENT 2025

Educational services

COMMISSIONER CRAWFORD

SYDNEY, 13 OCTOBER 2025

Application for approval of The Burgmann Anglican School Early Learning Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the The Burgmann Anglican School Early Learning Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by The Association of Independent Schools NSW, which is a bargaining representative for the employer covered by the Agreement, The Burgmann Anglican School. The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

  1. Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the IEU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

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