Suneden Specialist School Incorporatednc. Trading AS Suneden Specialist School
[2025] FWCA 2369
•17 JULY 2025
| [2025] FWCA 2369 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Suneden Specialist School Incorporatednc. Trading AS Suneden Specialist School
(AG2025/1803)
SUNEDEN SPECIALIST SCHOOL ENTERPRISE AGREEMENT 2025
| Educational services | |
| COMMISSIONER THORNTON | ADELAIDE, 17 JULY 2025 |
Application for approval of the Suneden Specialist School Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Suneden Specialist School 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 Suneden Specialist School Incorporated. (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 the undertakings provided, and clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (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 24 July 2025. The nominal expiry date of the Agreement is 31 January 2028.
COMMISSIONER
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