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

[2025] FWCA 1339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

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

(AG2025/1016)

SCHOOL ADMINISTRATIVE SUPPORT STAFF ENTERPRISE AGREEMENT 2025-2027

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 28 APRIL 2025

Application for approval of the School Administrative Support Staff Seventh-day Adventist Schools (North New South Wales) Limited Enterprise Agreement 2025-2027

An application has been made for approval of an enterprise agreement known as the School Administrative Support Staff Seventh-day Adventist Schools (North New South Wales) Limited Enterprise Agreement 2025-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seventh-Day Adventist Schools (North New South Wales) Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Educational Services (Schools) General Staff Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl 5.10, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Seventh-Day Adventist Schools (North New South Wales) Limited for approval of the School Administrative Support Staff Seventh-day Adventist Schools (North New South Wales) Limited Enterprise Agreement 2025-2027. The applicant sought approval from the Fair Work Commission to ensure the agreement would be legally binding and enforceable under the Fair Work Act 2009. The nature of the dispute was centred on the terms and conditions outlined in the proposed agreement and whether they complied with the relevant legislative requirements.

The court had to determine whether the proposed agreement met the statutory requirements for approval, specifically focusing on whether the agreement provided for a fair and reasonable method of determining the remuneration of employees and included provisions for the payment of allowances and other benefits. The court also had to consider if the agreement adhered to the relevant provisions of the Fair Work Act 2009, including whether it aligned with the objectives of the Act and whether it provided for the fair and reasonable terms and conditions of employment.

In its reasoning, the court examined the specific terms of the proposed agreement and assessed whether they were fair and reasonable. The court found that the agreement contained provisions that were consistent with the statutory requirements and aligned with the objectives of the Fair Work Act 2009. The agreement provided for a fair and reasonable method of determining remuneration and included provisions for the payment of allowances and other benefits. The court concluded that the proposed agreement met the necessary criteria for approval, and granted the application for approval of the agreement. The court ordered that the agreement be approved as a registered agreement under the Fair Work Act 2009.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established