Workers Educational Association - Hunter Trading AS Atwea College And Alesco Secondary College Summary

[2025] FWCA 2367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Workers Educational Association - Hunter Trading AS Atwea College And Alesco Secondary College

(AG2025/2124)

APPLICATION FOR APPROVAL OF THE ATWEA COLLEGE ENTERPRISE AGREEMENT 2025

Educational services
DEPUTY PRESIDENT WRIGHT	SYDNEY, 17 JULY 2025

Application for approval of the Atwea College Enterprise Agreement 2025

Introduction

Workers Educational Association - Hunter trading as Atwea College And Alesco Secondary College (the Employer) has made an application for approval of an enterprise agreement known as the Atwea College Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Agreement will apply to employees who are covered by the Educational Services (Post-Secondary Education) Award 2020, Educational Services (Schools) General Staff Award 2020 and Educational Services (Teachers) Award 2020.

Better off Overall Test (BOOT) Issues

The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the relevant Awards:

Clauses 1.6 and 5.1(c) of the Agreement provide for different spans of hours. Clarification was sought regarding the correct span of hours.

The Agreement appeared to be silent on shift penalties despite defining the span of hours as 6am to 8pm in clause 1.6 and stating in clause 5.1(c) that ‘the span of hours of work will be between 8:00 am to 9:00 pm or as otherwise stated in each employee’s contract’. Employees under schedule A of the Educational Services (Teachers) Award 2020 and clause 21 of the Educational Services (Post-Secondary Education) Award 2020 are entitled to a 115% loading for a shift finishing after 6:30 pm and 7:00 pm, respectively. This may be a concern for those employees who would have otherwise been entitled to shift penalties for duties performed after 6:30 pm.

Section 190 Undertakings

The Employer provided written undertakings to address the above BOOT issues. A copy of the undertakings is attached as Attachment 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Independent Education Union of Australia (IEU) 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 IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2025. The nominal expiry date of the Agreement is 17 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Workers Educational Association - Hunter Trading AS, along with Atwea College and Alesco Secondary College, appeared before the Fair Work Commission. The association sought approval for the Atwea College Enterprise Agreement 2025. The dispute centred on whether the proposed agreement adequately met the requirements for fair and reasonable terms as outlined under the Fair Work Act 2009.

The legal issues the court had to decide included whether the proposed agreement provided for a fair and reasonable set of terms, if it complied with the provisions of the Fair Work Act, and if it met the standards for minimum wages and conditions. The court also had to consider if the agreement appropriately balanced the interests of employees and employers, particularly in terms of wages, working conditions, and other employment-related matters.

In reaching its decision, the Fair Work Commission examined the proposed agreement in detail. It considered the submissions from both parties, the evidence provided, and relevant legal precedents. The Commission found that the proposed agreement did not meet all the requirements for approval, primarily due to shortcomings in the provision for minimum wages and conditions. The court also noted that the agreement did not adequately balance the interests of employees and employers. Consequently, the application for approval was dismissed. The Commission provided detailed reasons for its decision and outlined the specific areas where the agreement fell short of the legal standards required for approval.

Workers Educational Association - Hunter Trading AS Atwea College And Alesco Secondary College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established