Emily Fitzsimons Trading AS Overnewton Anglican Community College

[2025] FWCA 3378

[2025] FWCA 3378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Emily Fitzsimons Trading AS Overnewton Anglican Community College

(AG2025/2980)

FOR APPROVAL OF THE OVERNEWTON ANGLICAN COMMUNITY COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2023 - 2025

Educational services
COMMISSIONER CONNOLLY	MELBOURNE, 15 OCTOBER 2025

for approval of the Overnewton Anglican Community College Collective Enterprise Agreement 2023 - 2025.

1. An application has been made for approval of an enterprise agreement known as the Overnewton Anglican Community College Collective Enterprise Agreement 2023 – 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Emily Fitzsimons Trading As Overnewton Anglican Community College (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 8 September 2025.

1. On 11 September 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

1. I note that one clause is inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.  

1. The Applicant has provided written undertakings, filed 17 September 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

1. The “Independent Education Union of Australia” 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 October 2025.

COMMISSIONER

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Annexure A