Presbyterian And Methodist Schools Association

[2025] FWCA 1958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Presbyterian And Methodist Schools Association

(AG2025/1638)

PRESBYTERIAN AND METHODIST SCHOOLS ASSOCIATION ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER DURHAM	BRISBANE, 12 JUNE 2025

Application for approval of the Presbyterian and Methodist Schools Association Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Presbyterian and Methodist Schools Association 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 Presbyterian And Methodist Schools Association (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.

Noting clause 1.4 of the Agreement and the undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Presbyterian and Methodist Schools Association (PMSA) for approval of the proposed Enterprise Agreement 2025. The application was opposed by the Australian Education Union, representing some of the employees. The central issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement complied with the "better-off-overall" test, whether it contained appropriate dispute resolution processes, and whether it adhered to the relevant industrial laws and standards. Additionally, the Commission needed to assess whether the agreement adequately protected employees' rights and interests, particularly given the opposition from the union.

The Commission examined the agreement clause by clause, considering the submissions from both parties. It found that the agreement satisfied the "better-off-overall" test as it provided employees with a fair balance of benefits and obligations. The Commission also determined that the dispute resolution processes were appropriate and in line with statutory requirements. Furthermore, the agreement was deemed to be compliant with relevant industrial laws and standards, and it sufficiently protected employees' rights and interests. Consequently, the Commission approved the Enterprise Agreement 2025.

In approving the agreement, the Commission ordered that it be registered with the Fair Work Commission, and it would take effect from the date specified in the agreement. The approval was subject to the agreement being implemented in accordance with its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established