Life Education NSW Limited

[2025] FWCA 3100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Life Education NSW Limited

(AG2025/3034)

LIFE EDUCATION NSW (EDUCATORS) ENTERPRISE AGREEMENT 2025

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 12 SEPTEMBER 2025

Application for approval of the Life Education NSW (Educators) Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Life Education NSW (Educators) 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 Life Education NSW Limited. The Agreement is a single enterprise agreement

The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

I am further satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2025. The nominal expiry date of the Agreement is 11 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Life Education NSW Limited applied for the approval of the Life Education NSW (Educators) Enterprise Agreement 2025. The dispute involved the terms and conditions of employment for educators employed by Life Education NSW, an organisation focused on health and drug education in schools. The Commission was required to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues central to this case included whether the agreement provided for the fair and reasonable terms and conditions of employment, whether it adhered to the "better off overall test" and the "no disadvantage test," and whether it contained provisions that complied with the Fair Work Act's requirements for enterprise agreements. Additionally, the Commission examined whether the agreement included appropriate mechanisms for dispute resolution and provisions that were consistent with public policy.

The Fair Work Commission found that the proposed agreement met all the necessary statutory requirements. The Commission determined that the agreement was fair and reasonable, provided for the better off overall test and the no disadvantage test, and did not contravene any provisions of the Fair Work Act. It also found that the agreement included appropriate dispute resolution mechanisms and did not conflict with public policy. Therefore, the Commission approved the Life Education NSW (Educators) Enterprise Agreement 2025.

The Commission issued its decision and approval of the agreement, ensuring that Life Education NSW and its educators were bound by the terms of the approved enterprise agreement. This outcome provided certainty and stability in the employment conditions of educators within the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established