Kingsway Christian Education Association Inc. Trading AS Kingsway Christian College

[2025] FWCA 3290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Kingsway Christian Education Association Inc. Trading AS Kingsway Christian College

(AG2025/2642)

KINGSWAY CHRISTIAN EDUCATION ASSOCIATION INC. TEACHERS ENTERPRISE BARGAINING AGREEMENT 2025-2028

Educational services
COMMISSIONER DURHAM	BRISBANE, 30 SEPTEMBER 2025

Application for approval of the Kingsway Christian Education Association Inc. Teachers Enterprise Bargaining Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the Kingsway Christian Education Association Inc. Teachers Enterprise Bargaining 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 Kingsway Christian Education Association Inc. Trading AS Kingsway Christian College (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Independent Education Union of Australia (IEU) 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 IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER

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CaseChat Overview and Summary

The Kingsway Christian Education Association Inc., trading as Kingsway Christian College, applied for approval of the Teachers Enterprise Bargaining Agreement (EBA) for the period 2025-2028. The application was heard in the Fair Work Commission, which is responsible for approving EBAs under the Fair Work Act 2009. The dispute centred on the fairness and appropriateness of various provisions within the proposed EBA, including wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission involved ensuring that the EBA complied with the statutory requirements under the Fair Work Act and the Fair Work Regulations 2009. This included verifying that the agreement was not less favourable than the relevant awards or safety nets, did not undermine the operation of the modern awards system, and was not contrary to the public interest. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of both the employees and the employer.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the proposed EBA was fair and appropriate. The Commission noted that the agreement provided reasonable terms and conditions for the employees while also accommodating the operational needs of the college. The Commission was satisfied that the agreement met all statutory requirements and did not undermine the modern awards system or the public interest. Consequently, the Commission approved the EBA for the period 2025-2028.

The final orders of the Commission were that the proposed EBA be approved, with the effective date of the agreement to be determined by the parties. This decision allows the EBA to be implemented, providing certainty for both the employees and the employer moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established