Prince Alfred College Summary

[2025] FWCA 1920

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Prince Alfred College

(AG2025/1467)

PRINCE ALFRED COLLEGE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER THORNTON	ADELAIDE, 10 JUNE 2025

Application for approval of the Prince Alfred College Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Prince Alfred College 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 Prince Alfred College (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being ‘Prince Alfred College Enterprise Agreement 2024’. Further, the NERR was reissued more than 14 days after notification time to address an error in the NERR initially distributed. Despite these issues, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

The Applicant has provided a written undertaking. 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.

Subject to the undertaking 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 undertaking is taken to be a term of the Agreement.

The Agreement provides for compassionate leave on miscarriage and still birth for mothers and partners of mothers, but not members of the affected employee’s immediate family or household, which may be in contravention of section 104(1)(b) of the Act. Noting clause 7.2 of the Agreement, 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 from 17 June 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

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ANNEXURE A

The matter before the Fair Work Commission involved an application for the approval of the Prince Alfred College Enterprise Agreement 2025. The dispute arose between the employer, Prince Alfred College, and the employees, represented by the Independent Education Union of Australia. The primary focus of the dispute was the terms and conditions of employment as outlined in the proposed enterprise agreement, with particular attention to wages, working hours, and conditions of employment.

The key legal issues the court was required to decide were whether the proposed enterprise agreement complied with the relevant legislative provisions under the Fair Work Act 2009, and whether it met the criteria for a ‘better-off overall test’ (BOOT). This test ensures that the proposed agreement provides employees with a better overall package than the applicable award or registered agreement. The court also had to consider whether the agreement was made in good faith and if it complied with the procedural requirements of the Act.

In delivering its decision, the Fair Work Commission found that the proposed enterprise agreement was in compliance with the legislative requirements. The Commission noted that the agreement provided employees with improved wages and conditions, which were deemed to satisfy the better-off overall test. Furthermore, the Commission determined that the agreement was made in good faith and adhered to the procedural requirements of the Fair Work Act. Consequently, the Commission approved the Prince Alfred College Enterprise Agreement 2025, recognising it as a fair and reasonable agreement for the employees.

Prince Alfred College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established