Carmichael College Ltd Trading AS Carmichael College Summary

[2025] FWCA 1590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carmichael College Ltd Trading AS Carmichael College

(AG2025/1077)

CARMICHAEL COLLEGE LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2024-2027

Educational services
COMMISSIONER SIMPSON	BRISBANE, 13 MAY 2025

Application for approval of the Carmichael College Limited Employee Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Carmichael College Limited Employee Collective Agreement 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carmichael College Ltd Trading AS Carmichael 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.

I note that the version of the Agreement voted on by employees contained a typographical error. I have determined that it is appropriate to exercise power under s.218A of the Act to amend clause 9.2.2 of the Agreement from:

“…not more than one third of the agreed daily hours shall be worked before 5AM, or after 7AM.”

to read:

“…not more than one third of the agreed daily hours shall be worked before 5AM, or after 7PM.”

The copy of the Agreement published contains the amended clause.

Subject to the undertakings and amendment referred to above, I am satisfied that each requirement of ss.186, 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.

Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the 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 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Fair Work Commission (FWC) for approval of the Carmichael College Limited Employee Collective Agreement 2024-2027. The college, represented by its trustee, sought to have the agreement certified as a single-employer agreement. The application was brought under the Fair Work Act 2009, with the Fair Work Commission exercising its powers in this matter.

The central issue for the Commission to determine was whether the collective agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to assess whether the agreement had been genuinely negotiated between the employer and the employees, and whether it complied with the various legislative criteria for such agreements.

In reaching its decision, the Commission considered the submissions and evidence provided by the parties. It examined the process by which the agreement was negotiated and the extent to which it reflected the genuine input of the employees. The Commission also evaluated whether the agreement contained the necessary provisions to ensure fairness and compliance with the statutory framework. Based on its findings, the Commission determined that the agreement met all the legislative requirements and was therefore approved.

The Fair Work Commission certified the Carmichael College Limited Employee Collective Agreement 2024-2027 as a single-employer agreement, effective from the date of the decision. The Commission's decision was based on the evidence presented and the conclusion that the agreement was genuinely negotiated and complied with all relevant legislative criteria.

Carmichael College Ltd Trading AS Carmichael College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established