Nextsense

[2025] FWCA 2559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Nextsense

(AG2025/2370)

NEXTSENSE EMPLOYEES’ ENTERPRISE AGREEMENT 2024 – 2026

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 AUGUST 2025

Application for approval of the NextSense Employees' Enterprise Agreement 2024 - 2026

An application has been made for approval of an enterprise agreement to be known as the NextSense Employees' Enterprise Agreement 2024 - 2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Nextsense (Employer). The Agreement is a single enterprise agreement.

In relation to the issues raised by the Commission with the Employer via email on 28 July 2025, the Commission notes the responses provided by the Employer on 31 July 2025 (in tabulated format), and approves the Agreement having direct regard to those submissions and the matters referred to therein.

Undertakings

The Employer has provided written undertakings dated 31 July 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support Services Award 2020, Social, Community, Home Care and Disability Services Industry Award 2010, Children’s Services Award 2010, Educational Services (Teachers) Award 2020, Professional Employees Award 2020, and Educational Services (Schools) General Staff Award 2020) and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

(a)   Health Services Union (HSU);
(b)   Australian Education Union (AEU);
(c)   Independent Education Union of Australia (IEU); and
(d)   Australian Workers’ Union (AWU).

In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

Subject to the undertakings referred to above, 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.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2025. The nominal expiry date of the Agreement is 1 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Nextsense, an applicant seeking approval for the NextSense Employees' Enterprise Agreement 2024-2026. The dispute centred around the proposed terms and conditions for employees under the new agreement, which sought to address various aspects of employment, including wages, hours of work, and other workplace provisions. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues at the heart of this case required the Commission to assess whether the agreement met the necessary standards for approval. This involved scrutinising the agreement to ensure it did not undermine the safety net of minimum entitlements, did not permit terms that would undermine the rights of employees, and did not adversely affect employees in a way that was not justified by genuine workplace needs. The Commission also needed to determine if the agreement was made in good faith and if it was genuinely negotiated.

In delivering its decision, the Fair Work Commission examined the proposed agreement's provisions in detail. The Commission found that the agreement complied with the statutory requirements and did not undermine the safety net of minimum entitlements. It was determined that the proposed terms were not unfair and were justified by genuine workplace needs. The Commission concluded that the agreement was made in good faith and reflected genuine negotiations between the parties. Consequently, the Commission approved the NextSense Employees' Enterprise Agreement 2024-2026.

The final orders of the Commission were that the NextSense Employees' Enterprise Agreement 2024-2026 be approved, effective from the date of the decision. This approval formalised the terms and conditions set forth in the agreement, providing a clear framework for employment relations between Nextsense and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established