Suneden Specialist School Incorporatednc. Trading AS Suneden Specialist School

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Suneden Specialist School Incorporated, trading as Suneden Specialist School, and its employees, represented by the Australian Education Union. The dispute centered around the approval of the Suneden Specialist School Enterprise Agreement 2025. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it had been made in good faith, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission also had to assess if the agreement provided for a fair and efficient workplace, and if it contained provisions that were consistent with the objects of the Act.

After reviewing the submissions and evidence from both parties, the Commission found that the agreement was a genuine enterprise agreement, made in good faith, and complied with the necessary procedural requirements. The agreement was deemed to provide for a fair and efficient workplace and contained provisions consistent with the objectives of the Fair Work Act. Consequently, the Commission approved the Suneden Specialist School Enterprise Agreement 2025.

In light of its findings, the Commission approved the enterprise agreement, thereby resolving the dispute between Suneden Specialist School and its employees. This decision ensures that the agreed terms and conditions of employment are legally binding and enforceable, providing clarity and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established