[1] An application has been made for approval of an enterprise agreement known as the Emmanuel College Enterprise Agreement 2026 ('the Agreement'). The application was made pursuant to s 185 of the Fair Work Act 2009 ('Act'). It has been made by Emmanuel College. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure 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

[3] Subject to the undertakings referred to above, and considering the Applicant's responses to concerns I raised, I am satisfied that each of the requirements of ss 186 -188 and 190 of the Act as are relevant to this application for approval have been met.

[4] I raised a concern with the Agreement's delegates' rights clause at cl 5.11 and am satisfied that it is no less favourable than the delegates' rights clause within the relevant Modern Awards.

[5] I note that the Agreement contains an NES precedence clause at cl 1.4.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.

[6] The Independent Education Union of Australia, 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 February 2026. The nominal expiry date of the Agreement is 31 December 2028.

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