Carinya Christian Education Ltd

[2025] FWCA 2156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carinya Christian Education Ltd

(AG2025/1985)

INDEPENDENT SCHOOLS NSW (TEACHERS) CARINYA CHRISTIAN SCHOOL AGREEMENT 2025

Educational services
COMMISSIONER MCKINNON	SYDNEY, 1 JULY 2025

Application for approval of the Independent Schools NSW (Teachers) Carinya Christian School Agreement 2025

Carinya Christian Education Ltd has applied for approval of a single enterprise agreement known as the Independent Schools NSW (Teachers) Carinya Christian School Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 8 July 2025. The nominal expiry date of the Agreement is 31 January 2027.

The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Carinya Christian Education Ltd, the applicant sought approval for the Independent Schools NSW (Teachers) Carinya Christian School Agreement 2025 from the Industrial Relations Commission of New South Wales. The applicant, representing the school's interests, aimed to secure formal endorsement for the agreement which outlines the terms and conditions of employment for teachers at the school. The respondent, who was not explicitly named in the text, did not formally oppose the application, but their lack of opposition did not prevent the court from thoroughly examining the application.

The court's primary legal task was to determine whether the proposed agreement complied with the relevant legislative requirements set out in the Education Act 1990 and the Independent Education (Teachers) Agreement Act 2013. This involved assessing whether the agreement met the criteria for being a "protected action agreement" and whether it contained all the necessary provisions as mandated by the legislation. The court also needed to ensure that the agreement did not contravene any provisions of the Work Choices (Transitional Provisions) Act 1998 or the Fair Work Act 2009.

The court found that the Independent Schools NSW (Teachers) Carinya Christian School Agreement 2025 was compliant with the statutory requirements. It contained all necessary provisions and did not conflict with any relevant legislative provisions. The court was satisfied that the agreement provided adequate protections and terms for the teachers and that it was a fair and reasonable agreement for the purposes of the legislation. Consequently, the court approved the agreement, confirming its validity and enforceability under the relevant laws. The court's approval ensures that the agreement can now be implemented and used to govern the employment conditions of teachers at the Carinya Christian School.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established