Anne-Sophie Dielen T/A Csirocare Black Mountain Inc. Summary

[2025] FWCA 238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Anne-Sophie Dielen T/A Csirocare Black Mountain Inc.

(AG2024/4997)

CSIROCARE BLACK MOUNTAIN EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2024-2026

Children's services
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2025

Application for approval of the CSIROCARE BLACK MOUNTAINEARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2024-2026

An application has been made for approval of an enterprise agreement known as the CSIROCARE Black Mountain Early Childhood Centre Enterprise Agreement 2024-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Csirocare Black Mountain Inc. The Agreement is a single enterprise agreement.

The Employer 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.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Children's Services Award 2010 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 30 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the CSIROCARE BLACK MOUNTAIN EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2024-2026. The applicant, Anne-Sophie Dielen trading as CSIROCARE Black Mountain Inc., sought the approval of the Fair Work Commission (FWC) for the proposed agreement, which aimed to regulate the terms and conditions of employment for staff at the childcare centre. The application was made under the Fair Work Act 2009, and the Commission was required to determine whether the proposed agreement met the requirements for approval, including whether it provided for fair and reasonable terms and conditions.

The central legal issue before the FWC was whether the proposed enterprise agreement adequately provided for fair and reasonable terms and conditions for the employees of the childcare centre. This involved assessing whether the agreement complied with the various statutory requirements outlined in the Fair Work Act, including provisions regarding minimum wages, penalty rates, and other employment conditions. The Commission also needed to consider whether the agreement would provide for procedural fairness in the workplace and whether it would facilitate efficient workplace relations.

In reaching its decision, the Commission examined the proposed agreement in detail, considering the views of both the employer and the employees' representatives. The FWC concluded that the agreement contained terms and conditions that were fair and reasonable, taking into account the specific needs of the childcare sector and the context of the enterprise. The Commission noted that the proposed agreement included provisions that addressed key employment issues, such as remuneration, hours of work, and leave entitlements, in a manner that was consistent with the broader principles of the Fair Work Act. The FWC was satisfied that the agreement would facilitate efficient workplace relations and provide for procedural fairness, thereby meeting the statutory requirements for approval.

The Fair Work Commission approved the CSIROCARE BLACK MOUNTAIN EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2024-2026, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between the employer and employees at the childcare centre for the duration of the agreement. The decision provides certainty for both parties and helps to maintain a stable and productive working environment.

Anne-Sophie Dielen T/A Csirocare Black Mountain Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established