Kiama Community College Ltd Summary

[2025] FWCA 58

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Kiama Community College Ltd

(AG2024/4647)

KIAMA COMMUNITY COLLEGE LIMITED ENTERPRISE AGREEMENT 2025-2028

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 8 JANUARY 2025

Application for approval of the Kiama Community College Limited Enterprise Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the Kiama Community College Limited Enterprise Agreement 2025-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kiama Community College Ltd. 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 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2025. The nominal expiry date of the Agreement is 8 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kiama Community College Limited recently appeared before the Fair Work Commission to seek approval of an Enterprise Agreement for the period 2025-2028. The college sought to formalise terms and conditions of employment for its staff, including teachers, administrative and support staff. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically ensuring it was in the best interest of the employees and did not adversely affect employees' ability to exercise their workplace rights.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, including the "better off overall test" (BOOT) which mandates that employees be no worse off financially and, ideally, better off overall. The Commission also needed to assess if the agreement provided for procedural fairness and did not undermine the rights of employees to be free from adverse action due to union activities or the exercise of workplace rights. The Commission examined the negotiation process, the content of the proposed agreement, and the potential impact on employees' terms and conditions.

After reviewing the evidence and submissions from both the college and the relevant unions, the Commission found that the proposed agreement met the statutory requirements. The agreement included provisions that ensured employees would not be worse off financially and contained mechanisms for procedural fairness. Importantly, the agreement did not undermine employees' rights to engage in union activities or protect against adverse actions. The Commission approved the application, confirming that the agreement was in the best interests of the employees and did not contravene the Fair Work Act.

The Fair Work Commission approved the application and authorised the Enterprise Agreement for the Kiama Community College Limited for the period 2025-2028. The approval was contingent upon the agreement being formally adopted by the employees through a majority vote. This decision ensures that the terms and conditions of employment for the college's staff are legally recognised and protected, fostering a stable and fair working environment.

Kiama Community College Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established