KING'S CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2025

Application for approval of the King's Christian College Enterprise Agreement 2025

[1] King's Education Pty Ltd T/A King's Christian College (the Employer) has applied for approval of an enterprise agreement known as the King's Christian College Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Independent Education Union of Australia (IEU), the Australian Nursing and Midwifery Federation (ANMF) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The IEU and the ANMF, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the IEU and the ANMF.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2025. The nominal expiry date of the Agreement is 30 June 2029.

[7] In correspondence directed to the Commission, the Employer advised that the incorrect wage table for nurses had been included in the copy of the Agreement submitted with the approval application. These wage rates would result in certain classifications of nurses receiving rates of pay below those in the applicable modern award. The Employer provided a copy of the correct, agreed wage table for nurses.

[8] I advised the parties of my view that the inclusion of the incorrect wage table for nurses constituted an obvious technical error pursuant to s.218A of the Act. The parties were asked to advise if they had any objection to the Commission exercising its discretion under s.218A to vary the Agreement to correct the error. The IEU advised that it was content with this proposal.

[9]

I am satisfied that the inclusion of the incorrect wage table for nurses in Schedule 1 of the Agreement is an obvious error within the meaning of s.218A of the Act. Accordingly, I exercise my discretion to vary the Agreement to correct the error by substituting the relevant wages table for the correct copy subsequently provided by the Employer. I do so on the Commission's own initiative pursuant to s.218A(2)(a) of the Act. The Employer has provided a corrected copy of the Agreement containing the correct wages table. That version of the Agreement will be published alongside this decision.

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