Association of Independent Schools NSW Trading AS AISNSW Summary

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Association of Independent Schools of NSW, trading as AISNSW, for the approval of an early learning agreement for The Burgmann Anglican School for the year 2025. The case was heard in the NSW Civil and Administrative Tribunal (NCAT). The primary dispute centred around whether the proposed early learning agreement complied with the relevant statutory requirements and if it adequately addressed the educational needs and welfare of the children attending the school.

The court was tasked with determining if the agreement met the criteria set out in the Education Act 2018 and whether it provided sufficient educational programs and support services to meet the needs of the students. This included assessing the educational outcomes, governance structures, financial viability, and compliance with health and safety standards as stipulated in the legislation. The court also needed to consider whether the agreement adequately protected the rights and interests of the children and their families.

The NCAT, in its decision, carefully examined the proposed agreement against the legislative requirements and standards. The tribunal found that the agreement largely met the statutory criteria, noting that it provided a comprehensive educational framework and adequate governance and financial structures. However, the tribunal did identify some areas for improvement, particularly in the area of health and safety. After taking into account the submissions and evidence presented, the NCAT concluded that the agreement was in the best interests of the students and approved it, subject to certain conditions aimed at addressing the identified areas for improvement. The tribunal emphasised the importance of ongoing monitoring and compliance with the agreement to ensure it continued to meet the educational needs of the students.

Association of Independent Schools NSW Trading AS AISNSW

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established