Application by Lauriston Girls’ School
Citation: [2026] FWCA 2277
What happened
Lauriston Girls’ School sought approval for a new enterprise agreement, the Lauriston Girls’ School Agreement 2026–2028. The Independent Education Union of Australia (IEUA) was the bargaining representative. A minor discrepancy existed between the agreement title on the Notice of Employee Representational Rights and the actual agreement title. The Fair Work Commission considered potential inconsistencies with the National Employment Standards (NES) and the Educational Services (Teachers) Award 2020 and the Educational Services (Schools) General Staff Award 2020, relating to redundancy, overtime, working hours, and penalty rates.
What was decided
The Fair Work Commission approved the Lauriston Girls’ School Agreement 2026–2028. The Commission found a minor procedural error in the agreement title did not disadvantage employees. While a redundancy clause may be inconsistent with the NES, the Commission stated the NES entitlements would prevail. Several Better Off Overall Test (BOOT) concerns were addressed through undertakings from the Employer, ensuring compliance with relevant awards. The agreement will operate from September 2, 2026, and expire on January 31, 2029.
What it means for employers
Employers should ensure agreement titles on notices align with the actual agreement. They must also consider how enterprise agreements interact with the National Employment Standards and relevant awards. Any potential inconsistencies should be addressed through undertakings to ensure employees are at least as well off as they would be under the applicable awards.
What it means for employees
Employees should be aware of their entitlements under the National Employment Standards and relevant awards. Any discrepancies between an enterprise agreement and those entitlements will be resolved in favour of the more beneficial terms. The undertakings provided by the Employer ensure employees receive at least the same benefits as they would under the relevant awards.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections