Clarendon Children's Centre Co-Operative Ltd Trading AS Clarendon Children's Centre

[2025] FWCA 1806

[2025] FWCA 1806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Clarendon Children's Centre Co-Operative Ltd Trading AS Clarendon Children's Centre

(AG2025/1521)

CLARENDON CHILDREN'S CENTRE CO-OPERATIVE ENTERPRISE AGREEMENT 2025

Children's services
COMMISSIONER TRAN	MELBOURNE, 29 MAY 2025

Application for approval of the Clarendon Children's Centre Co-Operative Enterprise Agreement 2025

1. Clarendon Children's Centre Co-Operative Ltd (ABN: 56 788 546 557) has applied for approval of an enterprise agreement known as the Clarendon Children's Centre Co-Operative Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 50.6 – Public Holiday substitution

   ·   Clause 25.1.3 – Notice of termination for apprentices

   ·   Clause 26.5.1 – Redundancy

1. Clause 5.2.2 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 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.

1. The Agreement does not contain a delegates’ rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 28A of the Educational Services (Teachers) Award 2020 is taken to be a term of the Agreement.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 June 2025.

1. In accordance with clause 3.1, the nominal expiry date of the Agreement is 30 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529199  PR787740>

APPENDIX A