Blackwood Community Child Care Centre Inc
[2025] FWCA 2254
•11 JULY 2025
| [2025] FWCA 2254 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Blackwood Community Child Care Centre Inc
(AG2025/1969)
UNITED WORKERS UNION - BLACKWOOD COMMUNITY CHILD CARE COLLECTIVE AGREEMENT 2025
| Children's services | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 11 JULY 2025 |
Application for approval of the United Workers Union –Blackwood Community Child Care Collective Agreement 2025
An application has been made for approval of an enterprise agreement known as the United Workers Union –Blackwood Community Child Care Collective Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blackwood Community Child Care Centre 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.
The United Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 7.5 - Compassionate Leave.
However, noting clause 1.9.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2025. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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