Beaconhills College Pty Ltd Trading AS Beaconhills College Summary

[2025] FWCA 3392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Beaconhills College Pty Ltd Trading AS Beaconhills College

(AG2025/3201)

BEACONHILLS COLLEGE GENERAL STAFF AGREEMENT 2025-2027

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 10 OCTOBER 2025

Application for approval of the Beaconhills College General Staff Agreement 2025-2027

An application has been made for the approval of an enterprise agreement known as the Beaconhills College General Staff Agreement 2025-2027. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Beaconhills College Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Annexure A of the Agreement. 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Independent Education Union of Australia (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. In accordance with s.201(2), I note that the Agreement covers the IEUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2025. The nominal expiry date of the Agreement is 6 February 2027.

COMMISSIONER

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CaseChat Overview and Summary

Beaconhills College Pty Ltd, trading as Beaconhills College, applied for the approval of a single-enterprise agreement, the Beaconhills College General Staff Agreement 2025-2027, under section 185 of the Fair Work Act 2009. The agreement sought to cover general staff employed by the college, with the Independent Education Union of Australia (IEUA) acting as a bargaining representative for the agreement. The application was brought before Commissioner Mirabella at the Fair Work Commission in Melbourne. The primary legal issues for the Commissioner to determine were whether the agreement met the statutory requirements for approval under the Act, particularly with respect to the elimination of any BOOT (Benefit, Obligation, Order, or Term) issues, and whether the agreement would result in financial detriment to any employee or substantial changes to the agreement.

The Commissioner found that the employer had provided written undertakings to address any BOOT issues, which were deemed sufficient to meet the requirements of the Act. These undertakings were incorporated into the agreement as a term. The Commissioner was satisfied that the agreement met the necessary criteria under sections 186, 187, 188, and 190 of the Act, including that it would not cause financial detriment to employees and would not result in substantial changes. The IEUA had also notified its desire for the agreement to cover it, and the Commissioner noted that the agreement would cover the union as a bargaining representative. As a result, the Commissioner approved the agreement, which will operate from 17 October 2025, with a nominal expiry date of 6 February 2027.

Beaconhills College Pty Ltd Trading AS Beaconhills College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established