John Paul College Ltd trading as John Paul College

[2025] FWCA 3477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

John Paul College Ltd trading as John Paul College

(AG2025/2983)

JOHN PAUL COLLEGE ENTERPRISE BARGAINING AGREEMENT 2025

Educational services
DEPUTY PRESIDENT BUTLER	BRISBANE, 17 OCTOBER 2025

Application for approval of the John Paul College Enterprise Bargaining Agreement 2025

John Paul College Ltd trading as John Paul College (“the Employer”) has applied for approval of an enterprise agreement known as John Paul College Enterprise Bargaining 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.

Noting clause 1.3.4 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.

The Employer says, and I accept, that teacher aides are not required to work on the weekends.

In light of the foregoing, 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, and 188 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 form¹ 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 30 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved John Paul College Limited, trading as John Paul College, and the Australian Education Union, which sought approval for the John Paul College Enterprise Bargaining Agreement 2025. The dispute centred on whether the proposed agreement complied with the relevant legislative framework, particularly concerning the terms and conditions of employment for employees at the college. The Fair Work Commission was tasked with reviewing the agreement and deciding whether it met the necessary standards for approval.

The primary legal issues before the Commission were whether the agreement provided for appropriate minimum rates of pay and conditions, ensured procedural fairness for employees, and complied with the requirements of the Fair Work Act 2009. Additionally, the Commission had to assess if the agreement contained any provisions that could potentially undermine the rights of employees or contravene any other relevant legislative provisions.

In its decision, the Commission carefully examined the proposed agreement, considering submissions from both parties and relevant legal principles. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and procedural fairness mechanisms. The Commission found that the agreement did not contain any provisions that would undermine the rights of employees or contravene any relevant legislative provisions. Consequently, the Commission approved the John Paul College Enterprise Bargaining Agreement 2025, deeming it compliant with the necessary legal standards.

The Commission's final orders were that the John Paul College Enterprise Bargaining Agreement 2025 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to apply to all employees of John Paul College Limited, trading as John Paul College, who were covered by the agreement. This decision ensured that the terms and conditions of employment for the college's employees were governed by a legally compliant and fair enterprise bargaining agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established