Nextsense [2025] FWCA 2559 (1 August 2025)

[1] An application has been made for approval of an enterprise agreement to be known as the NextSense Employees' Enterprise Agreement 2024 - 2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Nextsense (Employer). The Agreement is a single enterprise agreement.

[2] In relation to the issues raised by the Commission with the Employer via email on 28 July 2025, the Commission notes the responses provided by the Employer on 31 July 2025 (in tabulated format), and approves the Agreement having direct regard to those submissions and the matters referred to therein.

[3] The Employer has provided written undertakings dated 31 July 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support Services Award 2020, Social, Community, Home Care and Disability Services Industry Award 2010, Children's Services Award 2010, Educational Services (Teachers) Award 2020, Professional Employees Award 2020, and Educational Services (Schools) General Staff Award 2020) and that the undertakings will not result in substantial changes to the Agreement.

[4] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

• (a) Health Services Union (HSU);

• (b) Australian Education Union (AEU);

• (c) Independent Education Union of Australia (IEU); and

• (d) Australian Workers' Union (AWU).

[5] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

[7] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2025. The nominal expiry date of the Agreement is 1 April 2027.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A