Brompton Children's Centre Inc

[2025] FWCA 2195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Brompton Children's Centre Inc

(AG2025/1786)

UNITED WORKERS UNION – BROMPTON CHILDREN’S CENTRE INC COLLECTIVE AGREEMENT 2024

Children's services
COMMISSIONER PERICA	MELBOURNE, 3 JULY 2025

Application for approval of the United Workers Union - Brompton Children's Centre Inc Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the United Workers Union – Brompton Children’s Centre Inc Collective Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I note that the following provision is likely to be inconsistent with the National Employment Standards:
· Clause 7.5 – Compassionate Leave

However, noting clause 1.8.2 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met.

The United Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 3 July 2025. It will operate from 10 July 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brompton Children's Centre Inc sought approval from the Fair Work Commission for the United Workers Union - Brompton Children's Centre Inc Collective Agreement 2024. The union and the employer had entered into the agreement, and the union submitted that it represented a majority of the employees. The employer did not oppose the application on the merits but sought clarification on certain provisions.

The central legal issue was whether the agreement complied with the Fair Work Act 2009, particularly regarding the representation of the union and the validity of its provisions. The union argued that it had the requisite majority support and that the agreement was fair and reasonable. The employer sought clarification on certain terms, which did not amount to a substantive challenge.

The Fair Work Commission considered the evidence of union membership and majority support, finding that the union had demonstrated it represented a majority of the employees. The Commission examined the agreement's terms and found that they were fair and reasonable. The Commission clarified certain provisions as requested by the employer but did not alter the substantive content of the agreement. The Commission approved the application, finding that the agreement complied with the relevant statutory requirements.

The Fair Work Commission approved the United Workers Union - Brompton Children's Centre Inc Collective Agreement 2024, finding it to be compliant with the Fair Work Act 2009. The Commission clarified certain provisions but did not alter the substantive content of the agreement. The union's majority support was confirmed, and the agreement was deemed fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established