Australian Education and Training Services Pty Ltd Summary

[2025] FWCA 1829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Education and Training Services Pty Ltd

(AG2025/1343)

AUSTRALIAN EDUCATION AND TRAINING SERVICES PTY LTD ENTERPRISE AGREEMENT 2024-2026

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 JUNE 2025

Application for approval of the Australian Education and Training Services Pty Ltd Enterprise Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the Australian Education and Training Services Pty Ltd Enterprise Agreement 2024-2026 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 June 2025. The nominal expiry date of the Agreement is 1 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Education and Training Services Pty Ltd, sought approval for its Enterprise Agreement 2024-2026. The matter was brought before the Fair Work Commission, with the union representing the employees contesting the application. The union argued that certain provisions of the agreement, particularly those concerning pay and working conditions, did not comply with the Fair Work Act 2009 and were otherwise unfair.

The key legal issues before the Commission were whether the provisions of the Enterprise Agreement were consistent with the objectives of the Fair Work Act, and whether they were fair and reasonable in the context of the workplace. The union claimed that several aspects of the agreement, including a proposed reduction in certain allowances and changes to shift patterns, were not compliant with the Act and were prejudicial to the employees.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, determined that the Enterprise Agreement did not fully comply with the statutory requirements. The Commission found that certain provisions relating to allowances and shift patterns were not fair and reasonable, as they did not adequately consider the working conditions and needs of the employees. Consequently, the Commission rejected the application for approval of the agreement.

The Fair Work Commission ordered that the Enterprise Agreement 2024-2026 be not approved and directed that the applicant and the union return to negotiate a revised agreement that meets the requirements of the Fair Work Act and is fair and reasonable for the employees.

Australian Education and Training Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established