Application for approval of the Canterbury College Enterprise Agreement 2026

[1] This decision deals with an application made for approval of an enterprise agreement known as the Canterbury College Enterprise Agreement 2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Canterbury College Ltd T/A Canterbury College (the Applicant). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Employer by my Chambers on 12 November 2025 raising a number of concerns including around annualised salaries, weekend penalties, Part time overtime, breaks between periods of duty, some allowances as well as overtime, shift penalties, casual engagements, part time hours and weekend penalties for teachers. Lastly, that correspondence also raised concerns about the general Staff ordinarily covered by the General Staff Award in relation to their span of hours and its impact on hours worked and the payment of overtime. The Applicant provided a detailed explanation. The Applicant submitted that on the basis of the types and patterns of work reasonably foreseeable, that the BOOT should be satisfied. I am consequently satisfied that per s. 193A(6A) of the Act no detriment would be afforded to those lesser conditions on the basis of types and patterns of work that are reasonably foreseeable for the purposes of s.193A(6) of the Act and the better off overall test. I note that should this change that pursuant to s.227A of the Act, application may be made for the future reconsideration of whether the agreement passes the BOOT during the life of the Agreement.

[3] 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.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to s.190(3) of the Act, I accept the undertakings.

[6] Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, 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.

[7] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 2.12.5(c) under Clause 2.10.4 (a) in Redundancy where suitable alternative employment has been obtained.

• Clause 5.4.4 Personal Leave notification provisions.

• Clause 5.4.5 - Personal leave - requirement for production of a medical certificate.

• Clause 5.6.2- Paid Family and Domestic Violence Leave is restricted to permanent staff however it should be available to casual and temporary staff also.

• Clause 5.11.3 - Public Holidays substitution can be by agreement between the Employer and any individual employee.

However, noting clause 1.3.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Independent Education Union of Australia (IEUQNT) 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 IEUQNT.

[9] The Agreement is approved and will operate from 1 January 2026. The nominal expiry date of the Agreement is 31 December 2028.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer