Wilderness School Limited

[2025] FWCA 2244

[2025] FWCA 2244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Wilderness School Limited

(AG2025/1213)

APPLICATION FOR APPROVAL OF THE WILDERNESS SCHOOL LTD ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER THORNTON	ADELAIDE, 8 JULY 2025

Application for approval of the Wilderness School Ltd Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Wilderness School Ltd 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 Wilderness School Limited (the Applicant). The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 10 April 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. The Applicant has made submissions that a number of employees on annualised salaries do not regularly work outside of hours, such that those employees are not worse off than if they were covered by the relevant Award. The Applicant submits that the salaries paid to those employees are in excess of entitlements that would otherwise be payable to the employees under the Agreement. Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Applicant that regular out of hours work for employees paid an annualised salary is not reasonably foreseeable. I accept the submissions of the Applicant. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

1. The Independent Education Union of Australia (IEUA) 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 IEUA.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 15 July 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

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ANNEXURE A