Blackwood Community Child Care Centre Inc Summary

[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

Annexure A

CaseChat Overview and Summary

In this matter, the applicant, Blackwood Community Child Care Centre Inc, sought approval for the United Workers Union – Blackwood Community Child Care Collective Agreement 2025. The dispute centred on whether the proposed agreement met the statutory requirements under the relevant industrial legislation. The application was heard and determined by the Fair Work Commission.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in relation to the notice period for termination of employment and the requirement for the agreement to be in writing and signed by the parties. The applicant argued that the agreement was fair and reasonable, and met all the statutory requirements.

The Commission examined the contents of the proposed agreement and considered the submissions made by both parties. It found that the agreement provided for a reasonable notice period for termination of employment and was in writing and signed by the parties. The Commission also noted that the agreement had been negotiated in good faith and was not likely to have a detrimental effect on the employees. Accordingly, the Commission approved the agreement, finding that it met all the statutory requirements.

No further orders were made.

Blackwood Community Child Care Centre Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established