In 2024, 2 states and 2 territories signed the Better
and Fairer Schools Agreement, 2025–2034 (the first agreement),
committing to a replacement education agreement for the expired 2018 National
School Reform Agreement (NSRA). Although intended to be a national
agreement, by the end of 2024, New South Wales, Victoria, Queensland and South
Australia had not accepted its terms. Disagreement centred
on the Commonwealth’s share of government school funding, which the
non-signatory states argued should be raised from 20% to 25% of the Schooling
Resource Standard (SRS), rather than the 22.5% accepted by Western
Australia, Tasmania and the ACT.
Since eligibility for federal funding under section 22 of the
Australian
Education Act 2013 includes being party to a national agreement, legislation was passed
in November 2024 to allow the new agreement to commence on 1 January 2025,
despite not all states having signed on. An Interim
Agreement authorised continued funding on the terms of the NSRA for the 4
hold-out states.
However, when agreement
for an increase of Commonwealth funding to 25% was reached with South
Australia and Victoria on 24 January 2025, clauses in the bilateral agreements
attached to the first agreement meant that Western
Australia (clause 12), Tasmania
(clause 12) and the ACT
(clause 11) were eligible for the same deal (arrangements for the Northern
Territory differ and continue
under the first agreement).
Subsequently, all states and the ACT (referred to as ‘the
states’) have signed the Heads of Agreement for the Better
and Fairer Schools Agreement – Full and Fair Funding 2025–2034 (the BFSA),
which promises the Australian Government’s share of SRS funding for government
schools will be 25% by 2034. This is contingent upon the states taking their
own shares to at least 75%, meaning government schools should reach 100% of SRS
funding by the end of the agreement.
Funding should, therefore, be settled for the next decade.
However, until new bilateral agreements for all states are finalised, full
details about the rate and cost of the Commonwealth’s funding increase will
remain unknown.
What’s on the table?
The 2025–26
Budget allocated $32.2 billion to the first agreement in 2025–26, with a
steady but small increase over the forward estimates (Budget
Paper no. 3, p. 45). However, this does not reflect funding for the new
BFSA and totals over the forward estimates are ‘not for publication’ while
negotiations continue (Budget
Paper no. 2, pp. 37–38). Money has been placed in the Contingency
Reserve for the BFSA’s implementation, but the amount set aside is unknown
(Budget
Paper no. 2, p. 37).
The 2 most substantial changes in the new agreement are the
increase of SRS funding and the cessation of a 4% tax provision that allowed
states to write off certain costs associated with running government schools.
The first change had been sought
by several states (and
stakeholders) long before 2025, with many
jurisdictions calling for the Australian Government to better fund public
education.
The second change likely reflects wider pressure over ‘accounting
tricks’ that
meant government schools could technically be funded 4% below states’
requirements under the NSRA. The revenue gained from ending this provision will
help fund reforms under the BFSA (Budget
Paper no. 2, p. 37). Its removal, in combination with the Commonwealth’s
increase to 25% and the states’ required increase to at least 75%, means
government schools will be ‘fully funded’ 2 decades after the Gonski report recommended the introduction
of the SRS (pp. 153–171).
These changes have been celebrated
by state and territory governments and stakeholders,
despite some criticism
over the speed of the funding increase and the lack
of ‘transparency’ surrounding negotiations. In terms of the first
complaint, the Budget suggests that the rate of increase will be gradual at first.
The allocation of an additional $407.5 million over 4 years from 2025–26 to the
4 jurisdictions which have signed bilateral agreements is dwarfed by the $7.2
billion between 2029–30 and 2035–36, suggesting the increase to 25% is likely
to occur during the second half of the BFSA’s cycle (Budget
Paper no. 2, p. 37 and Portfolio
Budget Statement, p. 12).
What’s the status of the bilateral agreements?
In February 2025, the Department of Education confirmed
negotiations on the bilateral agreements for the first agreement were ongoing,
but were complete for the Northern Territory, ACT and Tasmania. The next month,
negotiations reopened as successive jurisdictions (excluding the Northern
Territory) signed a new Heads of Agreement, terminating participation in either
the first agreement or the Interim Agreement (BFSA, clause 23), and
requiring revised bilateral agreements to formalise the Commonwealth’s 25%
share of funding.
According to the 2025–26
Budget (p. 37), bilateral agreements under the new BFSA have been reached
with New South Wales, South Australia, Tasmania and the ACT. However, these
will not
be released until all agreements are finalised and it is unclear how close
to completion negotiations with Queensland, Victoria and Western Australia are.
The Northern Territory remains the sole signatory to the
first agreement, with
the bilateral agreement negotiated last year in force.
Where to from here?
With funding set aside and conflict over the Commonwealth’s share
of the SRS resolved, there are likely firm parameters to ongoing negotiations. Following
the conclusion of these negotiations, the commitment of money through the next
budget should make the Commonwealth’s path to 25% clearer. As noted by the
Australian Education Union in its pre-Budget
submission, full transparency requires the allocation of funding beyond the
forward estimates (p. 3). While the Budget outlined total funding for 4
jurisdictions between 2029 and 2035 (Portfolio
Budget Statement, p. 12), the bilateral agreements should break this
total amount down in detail. A progress review due by the end of 2028 could result
in ‘updates or modifications’ to arrangements (clause 35). However, unlike the first
agreement (clause 24), the new
BFSA indicates that once negotiated, the bilateral arrangements will be in
place for the life of the national agreement (clause 25) making a 10-year
funding commitment more likely.