Independent Education Union of Australia

[2025] FWCA 2565

[2025] FWCA 2565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2025/2361)

MOERLINA SCHOOL INC (ENTERPRISE BARGAINING) AGREEMENT 2024

Educational services
COMMISSIONER SCHNEIDER	PERTH, 1 AUGUST 2025

Application for approval of the Moerlina School Inc (Enterprise Bargaining) Agreement 2024

1. Independent Education Union of Australia (the Applicant or the Union) has made an application for the approval of an enterprise agreement known as the Moerlina School Inc (Enterprise Bargaining) Agreement 2024 (the Agreement). The relevant employer under the Agreement is the Moerlina School Inc (the Employer). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached to the Agreement. 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.

1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

1. The NERR provided with the application differs from the form prescribed by the Fair Work Regulations 2009 (Cth). I consider this to be a minor procedural or technical error of the nature contemplated under section 188(5) of the Act. I am satisfied that the employees are not likely to have been disadvantaged by the error. Accordingly, pursuant to section 188(5) of the Act, I am satisfied the discrepancy may be disregarded.

1. The application was not lodged within 14 days after the Agreement was made. Pursuant to section 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 August 2025. The nominal expiry date of the Agreement is 30 December 2026.

COMMISSIONER

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