Blackheath & Thornburgh College T/A Blackheath & Thornburgh College

[2025] FWCA 571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Blackheath & Thornburgh College T/A Blackheath & Thornburgh College

(AG2025/55)

BLACKHEATH & THORNBURGH ENTERPRISE AGREEMENT 2025-2027

Educational services
COMMISSIONER DURHAM	BRISBANE, 13 FEBRUARY 2025

Application for approval of the Blackheath & Thornburgh Enterprise Agreement 2025-2027

An application has been made for approval of an enterprise agreement known as the Blackheath & Thornburgh Enterprise Agreement 2025-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blackheath & Thornburgh College T/A Blackheath & Thornburgh College (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Independent Education Union of Australia - Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Blackheath & Thornburgh Enterprise Agreement 2025-2027, which was entered into between Blackheath & Thornburgh College T/A Blackheath & Thornburgh College (the applicant) and its employees represented by the National Tertiary Education Union (the respondent). The agreement proposed to regulate various employment terms and conditions, including wages, hours of work, and other employment-related matters for the specified period. The primary dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically focusing on the procedural fairness and the overall compliance with the provisions of the Act.

The legal issues before the court included whether the applicant had correctly followed the necessary procedural steps in negotiating and finalising the enterprise agreement. This involved examining if the agreement was genuinely negotiated between the parties, if there was adequate consultation, and whether the agreement was fair and reasonable in its terms. Additionally, the court had to determine if the agreement complied with the statutory minimum standards prescribed by the Fair Work Act, including the preservation of minimum wages and conditions, and if it included adequate provisions for the protection of employees' rights and interests.

In examining these issues, the court assessed the evidence and submissions provided by both parties, focusing on the negotiation process, the consultation undertaken, and the content of the agreement. The court found that the applicant had followed the required procedural steps, including genuine negotiation and sufficient consultation, and that the agreement was fair and reasonable. Furthermore, the court determined that the agreement met all statutory minimum standards and adequately protected employees' rights and interests. Consequently, the court approved the Blackheath & Thornburgh Enterprise Agreement 2025-2027, finding it to be compliant with all legal requirements.

The final orders of the court were that the Blackheath & Thornburgh Enterprise Agreement 2025-2027 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees of Blackheath & Thornburgh College for the specified period, subject to any further legal challenges or amendments as permitted by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established