Kimberley College Ltd Trading AS Kimberley College

[2025] FWCA 2963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Kimberley College Ltd Trading AS Kimberley College

(AG2025/2816)

KIMBERLEY COLLEGE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER DURHAM	BRISBANE, 3 SEPTEMBER 2025

Application for approval of the Kimberley College Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Kimberley 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 Kimberley College Ltd Trading AS Kimberley College (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Independent Education Union of Australia (IEUA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEUA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kimberley College Ltd, trading as Kimberley College, sought approval of the Kimberley College Enterprise Agreement 2025. The respondent, the Independent Education Union of Australia, objected to the approval of the agreement. The case was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it was free from unlawful content, whether it provided for a fair and efficient system for resolving disputes, and whether it contained provisions that were contrary to public policy. The Commission found that the agreement was free from unlawful content and provided for a fair and efficient system for resolving disputes. However, the Commission found that certain provisions in the agreement were contrary to public policy and could not be approved. The Commission made orders approving the agreement, subject to the removal of the provisions that were contrary to public policy. The College was given time to remove the provisions and resubmit the agreement for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established