Kingswood College Limited trading as Kingswood College Summary

[2025] FWCA 2515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kingswood College Limited trading as Kingswood College

(AG2025/2311)

KINGSWOOD COLLEGE ENTERPRISE AGREEMENT 2026

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 30 JULY 2025

Application for approval of the Kingswood College Enterprise Agreement 2026

An application has been made for approval of an enterprise agreement known as the Kingswood College Enterprise Agreement 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kingswood College Limited trading as Kingswood College. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval 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.

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 10 January 2026. The nominal expiry date of the Agreement is 9 January 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kingswood College Limited, trading as Kingswood College, sought approval for the Kingswood College Enterprise Agreement 2026, which was submitted to the Fair Work Commission. The application arose as a result of negotiations between the employer and the teachers' union, the Australian Education Union (AEU). The nature of the dispute was focused on the terms and conditions of employment for teachers at the college, including wages, working hours, and other employment-related matters.

The legal issues before the Fair Work Commission involved determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including ensuring that it provided for a fair and efficient workplace, was free from coercion and undue influence, and was consistent with the national workplace relations system. Additionally, the Commission needed to assess if the agreement appropriately balanced the interests of the employees, represented by the AEU, and the employer.

The Fair Work Commission examined the details of the agreement and the processes undertaken during its negotiation. The Commission found that the agreement met the necessary criteria for approval, noting that it provided for fair and efficient workplaces and was free from any undue influence. The agreement was deemed to be consistent with the national workplace relations system and appropriately balanced the interests of both parties. Consequently, the Fair Work Commission approved the Kingswood College Enterprise Agreement 2026, allowing it to come into effect as of the agreed date.

Kingswood College Limited trading as Kingswood College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established