Kardinia International College (Geelong) Ltd Trading As Kardinia International College

[2025] FWCA 1030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kardinia International College (Geelong) Ltd Trading As Kardinia International College

(AG2025/543)

KARDINIA INTERNATIONAL COLLEGE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 25 MARCH 2025

Application for approval of the Kardinia International College Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Kardinia International College Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kardinia International College (Geelong) Ltd Trading As Kardinia International College. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a minor difference in the title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(2) of the Act.

I note the Employer did not provide employees a full copy of the Victorian Early Childhood Teachers Educators Agreement 2020 (VECTEA) which operates in conjunction with schedule A – Early childhood teachers and educators rate of pay and specific conditions of employment. However, I note Schedule A provides for the main conditions and the VECTEA is publicly available. I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(2) of the Act.

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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 1 April 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kardinia International College (Geelong) Ltd, trading as Kardinia International College, sought approval for the Kardinia International College Enterprise Agreement 2025. The application was made before the Fair Work Commission. The nature of the dispute centred on whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. The college argued that the agreement was fair and reasonable, while various employee representatives contested certain aspects, particularly those concerning wages and conditions.

The legal issues before the Commission involved an examination of the proposed agreement's compliance with the criteria for approval under the Fair Work Act. The Commission had to determine if the agreement met the 'better off overall test' (BOOT), ensuring that employees were no worse off and at least some were better off financially and in terms of conditions. Additionally, the court needed to consider whether the agreement provided for appropriate mechanisms for resolving disputes and included provisions for the protection of employees’ rights.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was compliant with the statutory requirements. The Commission concluded that the agreement satisfied the BOOT, with employees set to receive a fair and reasonable increase in wages and improvements to conditions of employment. The Commission was satisfied that the agreement included adequate dispute resolution mechanisms and protected the rights of employees. As such, the application for approval was successful.

The final orders of the Commission were that the Kardinia International College Enterprise Agreement 2025 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The approval ensures that the agreement will govern the employment conditions of the relevant employees for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established