Seventh-Day Adventist Schools (North New South Wales) Ltd

[2025] FWCA 1451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seventh-Day Adventist Schools (North New South Wales) Ltd

(AG2025/1104)

SEVENTH-DAY ADVENTIST SCHOOLS (NORTH NEW SOUTH WALES) LTD TEACHERS ENTERPRISE AGREEMENT 2025-2027

Educational services
COMMISSIONER MCKINNON	SYDNEY, 1 MAY 2025

Application for approval of the Seventh-day Adventist Schools (North New South Wales) Ltd Teachers Enterprise Agreement 2025-2027.

Seventh-Day Adventist Schools (North New South Wales) Ltd has applied for approval of a single enterprise agreement known as the Seventh-day Adventist Schools (North New South Wales) Ltd Teachers Enterprise Agreement 2025-2027 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 8 May 2025. The nominal expiry date of the Agreement is 31 December 2027.

The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Seventh-Day Adventist Schools (North New South Wales) Ltd, sought approval of a teachers' enterprise agreement (TEA) covering the period 2025 to 2027. The Fair Work Commission (FWC) was tasked with determining whether the proposed TEA met the requirements of the Fair Work Act 2009 (Cth). The dispute centred around specific terms and conditions proposed in the TEA, which the applicant argued were necessary for the effective operation of its schools.

The legal issues before the Commission included whether the TEA's provisions on remuneration, working hours, and other employment conditions complied with the FWC's guidelines and the overarching principles of the Fair Work Act. It was crucial to examine if the proposed terms were fair and reasonable, taking into account the unique context of the applicant's operations as a religious educational institution.

In deliberating on the application, the FWC considered the evidence presented by both parties, including submissions on the necessity and fairness of the proposed terms. The Commission found that, while some provisions required minor adjustments to align more closely with the statutory requirements, the overall structure and intent of the TEA were sound. The FWC approved the TEA with certain modifications, ensuring it met the necessary standards for fairness and reasonableness. The applicant was directed to implement the changes within the specified timeframe, and the TEA was consequently approved as amended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established