Buttercups Childcare Pty Ltd T/A Buttercups Childcare Summary

[2025] FWCA 615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Buttercups Childcare Pty Ltd T/A Buttercups Childcare

(AG2025/284)

BUTTERCUPS ENTERPRISE AGREEMENT 2025

Children and Education services
COMMISSIONER LIM	PERTH, 19 FEBRUARY 2025

Application for approval of the Buttercups Enterprise Agreement 2025.

Buttercups Childcare Pty Ltd T/A Buttercups Childcare (the Applicant) has made an application for the approval of an enterprise agreement known as the Buttercups Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

As the Agreement incorporates the Child Services Award 2010 and the Educational Services (Teachers) Award 2020, I am satisfied that the requirement for a delegates’ rights term under s 205(1) of the Act has been met.

The Agreement was approved on 19 February 2025 and, in accordance with s 54, will operate from 26 February 2025. The nominal expiry date of the Agreement is 19 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Buttercups Childcare Pty Ltd T/A Buttercups Childcare applied for approval of the Buttercups Enterprise Agreement 2025. The application was brought by the employer, Buttercups Childcare, seeking to have the proposed enterprise agreement approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the childcare centre's staff, including wages, working hours, leave entitlements, and other employment-related matters.

The key legal issues before the Commission were whether the proposed agreement complied with the statutory requirements under the Fair Work Act and whether it met the “better off overall test”. The Commission had to determine if the agreement provided employees with terms and conditions that were at least as good as the relevant awards or modern awards, and whether it offered a safety net that was no worse than the safety net provided by the relevant awards.

The Commission found that the proposed agreement met the statutory requirements and satisfied the better off overall test. The agreement provided for fair and reasonable terms and conditions that were at least as good as those provided by the relevant awards. Additionally, the agreement offered a safety net that was no worse than the safety net provided by the relevant awards. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for a fair and reasonable balance of interests between the employer and the employees.

Consequently, the Commission approved the Buttercups Enterprise Agreement 2025. The agreement was to apply from the date of the Commission's approval and would govern the employment terms and conditions of the childcare centre's staff for the specified period. The approval ensured that the agreement would be legally enforceable, providing certainty and stability in the employment relationship between Buttercups Childcare and its employees.

Buttercups Childcare Pty Ltd T/A Buttercups Childcare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established