Mount Hira College

[2025] FWCA 972

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[2025] FWCA 972

DECISION
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Mount Hira College
(AG2025/413)
MT HIRA COLLEGE AGREEMENT 2025
Educational services
COMMISSIONER CONNOLLY	MELBOURNE, 20 MARCH 2025
Application for approval of the Mt Hira College Agreement 2025.

[1] An application has been made for approval of an enterprise agreement known as the Mt Hira College Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mount Hira College (the Applicant). The Agreement is a single enterprise agreement.

[2]        The matter was allocated to my Chambers on 27 February 2025.

[3] The notification time for the Agreement under s.173(2) was 20 November 2023 and the Agreement was made on 10 February 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise

[4] On 13 March 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

[5]        There is one National Employment Standards (NES) issue that requires comment:

• Personal leave – evidence: Clause 13.10 of the agreement provides that an employee

must produce a medical certificate from a registered health practitioner or other

evidence ‘satisfactory to the employer’ for any absence of more than 2 consecutive

days/. Section 107(3) of the Act provides that an employer may require evidence that
would satisfy a reasonable person.

[6] Clause 7.3 of the Agreement acts as an effective NES precedence clause, in that it states that “This Agreement will be read and interpreted in conjunction with the NES. Where there is

an inconsistency between this Agreement and the NES, and the NES provides a greater benefit,

the NES provisions will apply to the extent of the inconsistency”. As a result of the NES

precedence clause, the above clause(s) will not apply to the extent that it is inconsistent with
the NES.

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[2025] FWCA 972

[7] The Applicant has provided written undertakings, dated 18 March 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

[8] I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

[9]        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) of the Act I note that the Agreement covers this organisation.

[10] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 January 2027.

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ANNEXURE A

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528403 PR785392>

agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June
2023, subject to various transitional arrangements that included those to effect described above.