FSAC Ltd trading as St John's Anglican College, St John's International College and The Springfield Anglican College
[2025] FWCA 2807
•22 AUGUST 2025
| [2025] FWCA 2807 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
FSAC Ltd trading as St John's Anglican College, St John's International College and The Springfield Anglican College
(AG2025/2039)
FSAC LIMITED ENTERPRISE AGREEMENT 2025
| Educational services | |
| DEPUTY PRESIDENT BUTLER | BRISBANE, 22 AUGUST 2025 |
Application for approval of the FSAC Limited Enterprise Agreement 2025
FSAC Limited (“the Employer”) has applied for approval of an enterprise agreement known as FSAC Limited Enterprise Agreement 2025 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.
Terms of the Agreement
The Agreement contains a delegates’ rights term that is different to the equivalent provisions in the relevant Awards. I invited submissions as to compliance with section 205A of the Fair Work Act. The Employer submitted:
The Deputy President has identified a difference between Clause 6.3 of the Agreement and Clause 28A.8 of both the Educational Services (Teachers) Award 2020 (‘Teachers Award’) and the Educational Services (Schools) General Staff Award 2020 (‘General Staff Award’) in relation to the quantum of paid training leave for workplace (union) delegates.
Clause 6.3 of the Agreement entitles a union delegate, upon written application endorsed by the Union with at least one (1) months’ notice, to up to three (3) working days’ non-cumulative paid leave per annum to attend Union-conducted courses or seminars. This applies from the commencement of the delegate’s appointment and in each subsequent year, subject to operational convenience and the procedural requirements set out in the clause.
Clause 28A.8 of the Teachers Award and the General Staff Award entitles a workplace delegate to up to five (5) days of paid time during normal working hours for initial training and at least one (1) day in each subsequent year to attend training related to representation of the industrial interests of eligible employees. This entitlement is subject to specified conditions, including a cap of one (1) delegate per 50 eligible employees in each year commencing 1 July.
While the Awards provide a higher entitlement in the first year of appointment, they limit subsequent years to one (1) day per annum. In contrast, the Agreement provides three (3) days in each year of service. When considered in its practical operation over time, the Agreement provides a greater cumulative entitlement. For example, over a period of four (4) years, a delegate would receive 12 days’ paid training leave under the Agreement, compared with eight (8) days under the Awards. This sustained and consistent entitlement ensures delegates retain regular and meaningful opportunities for training throughout their tenure.
Access to the leave is also more favourable under the Agreement. The Awards’ fixed ratio cap can prevent eligible delegates from accessing their entitlement in a given year, even where operational requirements would allow it. The Agreement instead limits only concurrent absences to no more than two (2) delegates per campus at any one time. This preserves operational continuity while ensuring that all eligible delegates can utilise their full entitlement each year, resulting in broader and more equitable access to the leave in practice.
It is noted that this entitlement was proposed by the Union during bargaining and agreed by the Applicant. Its inclusion was an intentional outcome of negotiations to provide a delegate entitlement tailored to the Colleges.
Accordingly, it is submitted that Clause 6.3 of the Agreement is not less favourable than Clause 28A.8 of the Teachers Award and the General Staff Award.
Those submissions were not contradicted. I accept the delegates’ rights provision is not less favourable than the relevant Award provisions, and that the Agreement is compliant with section 205A of the Fair Work Act.
The National Employment Standards
Noting clause 1.3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
Conclusion
The Employer has given a written undertaking in accordance with section 190 of the Fair Work Act. The undertaking is attached as Annexure A to this decision. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.
The Independent Education Union of Australia (IEUA) lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the IEUA.
The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 31 December 2028.
DEPUTY PRESIDENT
Annexure A
[1] Form F18.
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