Children First Learning Centres Pty Ltd Trading AS Children First Learning Centre

[2025] FWCA 1696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Children First Learning Centres Pty Ltd Trading AS Children First Learning Centre

(AG2025/1350)

CHILDREN FIRST LEARNING CENTRES PTY LTD SINGLE ENTERPRISE AGREEMENT 2025

Children’s services
COMMISSIONER SIMPSON	BRISBANE, 21 MAY 2025

Application for approval of the Children First Learning Centres Pty Ltd Single Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Children First Learning Centres Pty Ltd Single Enterprise 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 Children First Learning Centres Pty Ltd Trading AS Children First Learning Centre (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Children’s Services Award 2010 and Educational Services (Teachers) Award 2020 are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Children First Learning Centres Pty Ltd Trading as Children First Learning Centre, the Fair Work Commission was tasked with approving a single enterprise agreement for the company. The application for approval was made by the employer, Children First Learning Centres Pty Ltd, in accordance with the Fair Work Act 2009. The agreement in question was the Children First Learning Centres Pty Ltd Single Enterprise Agreement 2025, which was intended to govern the employment conditions of the company's staff.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act, particularly in relation to the negotiation process, the content of the agreement, and the fairness of the terms to the employees. Key points of contention included whether the agreement had been genuinely negotiated between the employer and the relevant employee representatives, whether the terms were consistent with the national employment standards, and whether the agreement provided adequate protections for the employees.

The Commission found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. The employer had demonstrated a commitment to the negotiation process, engaging in discussions with the employee representatives and making amendments to the agreement in response to their concerns. The Commission also noted that the agreement provided for a comprehensive set of employment conditions, including provisions for leave, pay rates, and other benefits, which were consistent with the national employment standards. The Commission concluded that the agreement was fair and reasonable and approved it in accordance with the Act.

The Fair Work Commission's decision in this case highlights the importance of genuine negotiation and the need for employers to engage with their employees and their representatives in good faith. The Commission will continue to closely scrutinise single enterprise agreements to ensure that they meet the requirements of the Fair Work Act and provide fair and reasonable terms for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established