Australian Children's Education and Care Quality Authority Summary

[2025] FWCA 2099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Children’s Education and Care Quality Authority

(AG2025/1902)

Commonwealth employment
COMMISSIONER SLOAN	SYDNEY, 26 JUNE 2025

Application for approval of the ACECQA Enterprise Agreement 2025-2028.

The Australian Children’s Education and Care Quality Authority has applied for approval of an enterprise agreement known as the ACECQA Enterprise Agreement 2025-2028 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Community and Public Sector Union (“CPSU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.
The Agreement contains a Workplace Delegates’ Rights term. However, it is in my view less favourable than the delegates’ rights terms in the awards that cover the delegates, being clause 6A of the Australian Government Industry Award 2016 and clause 26A of the Miscellaneous Award 2020. As a result, in accordance with section 205A(2) of the Act, clause I.5(1) of the Agreement is of no effect and clause 40A of the Australian Government Industry Award 2016 is taken to be a term of the Agreement.
I am otherwise satisfied from the material in the application and the declarations filed by the Authority and the CPSU that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The CPSU has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the CPSU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 3 July 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Children’s Education and Care Quality Authority (ACECQA) applied for the approval of the ACECQA Enterprise Agreement 2025-2028, under section 185 of the Fair Work Act 2009. The Community and Public Sector Union (CPSU) supported the approval of the agreement and was a bargaining representative for it. The agreement, if approved, would apply to the employees of ACECQA and would be a single enterprise agreement. The agreement included a term on workplace delegates’ rights, which was found to be less favourable than the equivalent terms in the Australian Government Industry Award 2016 and the Miscellaneous Award 2020.

The commissioner was required to determine whether the agreement met the requirements of sections 186, 187, 188, and 190 of the Act, which relate to the approval of enterprise agreements. The commissioner was also required to determine whether the agreement covered the CPSU, as required by section 201(2) of the Act. The commissioner found that the agreement met all the relevant requirements of the Act and that it covered the CPSU. The commissioner also found that the less favourable term on workplace delegates’ rights was to be disregarded, and that the more favourable term from the Australian Government Industry Award 2016 was to be taken as a term of the agreement.

The agreement was approved by the commissioner, and it will operate from 3 July 2025. The nominal expiry date of the agreement is 30 June 2028. The commissioner noted that the agreement was a single enterprise agreement and that it was supported by the CPSU. The commissioner also noted that the agreement contained a term on workplace delegates’ rights that was less favourable than the equivalent terms in other awards, but that this term was to be disregarded and the more favourable term from the Australian Government Industry Award 2016 was to be taken as a term of the agreement.

The commissioner approved the agreement and ordered that it operate from 3 July 2025, with a nominal expiry date of 30 June 2028. The commissioner also ordered that the term on workplace delegates’ rights in the agreement be disregarded and that the more favourable term from the Australian Government Industry Award 2016 be taken as a term of the agreement. The commissioner noted that the agreement was a single enterprise agreement and that it was supported by the CPSU.

Australian Children's Education and Care Quality Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established