Seymour College Adelaide Inc. Trading AS Seymour College

[2025] FWCA 2908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seymour College Adelaide Inc. Trading AS Seymour College

(AG2025/2685)

SEYMOUR COLLEGE INC. ENTERPRISE AGREEMENT 2025

Educational Services
COMMISSIONER YILMAZ	MELBOURNE, 29 AUGUST 2025

Application for approval of the Seymour College Inc. Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Seymour College Inc. 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 Seymour College Adelaide Inc trading as Seymour College. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia SA Branch (IEUA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

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

COMMISSIONER
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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Seymour College Adelaide Inc., trading as Seymour College, applied for the approval of the Seymour College Inc. Enterprise Agreement 2025. The application arose under the Fair Work Act 2009, seeking formal endorsement of the proposed enterprise agreement which would govern the terms and conditions of employment for the college’s staff. The dispute centred on whether the agreement complied with the statutory requirements for direct agreements and whether it appropriately balanced the interests of both the employer and the employees.

The primary legal issues before the Commission involved assessing whether the agreement met the criteria for a direct agreement as outlined in the Fair Work Act. This included examining the agreement's compliance with the ‘better off overall test’ (BOOT), ensuring it provided employees with no less favourable terms and conditions than the applicable awards or registered agreements, and confirming that the agreement was made in good faith and without coercion. Additionally, the Commission needed to ensure that the agreement provided adequate protections for vulnerable workers, such as part-time and casual employees.

In delivering its decision, the Commission found that the proposed agreement met the statutory requirements. It satisfied the BOOT, as employees were not disadvantaged compared to their current awards or conditions. The Commission also confirmed that the agreement was made in good faith and without coercion. Furthermore, the agreement contained provisions that adequately protected the rights and interests of all employees, including those in more vulnerable positions. Consequently, the Commission approved the Seymour College Inc. Enterprise Agreement 2025, finding it to be fair and appropriate for implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established