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

[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

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.

The Agreement is a single enterprise agreement

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

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.

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.

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.

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.

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

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

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In this case, the Clarendon Children's Centre Co-Operative Ltd, trading as Clarendon Children's Centre, sought approval of its Enterprise Agreement 2025. The dispute involved the terms and conditions of employment for the centre's staff, with a particular focus on the classification and remuneration of workers. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue before the Commission was whether the terms of the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant minimum standards set out in the National Employment Standards and the relevant Award. The Commission also considered the procedural fairness of the process by which the agreement was negotiated and the extent to which the agreement was genuinely agreed upon by the parties.

After reviewing the submissions and evidence, the Commission found that the proposed agreement contained terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement met all statutory requirements and provided for the proper classification and remuneration of the workers. The Commission noted that the negotiation process was procedurally fair and that the agreement was genuinely agreed upon by the parties. The Commission approved the Enterprise Agreement 2025, subject to certain minor amendments to ensure compliance with the Fair Work Act 2009.

The final orders of the Commission were that the Enterprise Agreement 2025, as amended, be approved. This decision provided certainty for the Clarendon Children's Centre Co-Operative Ltd and its employees, allowing the parties to move forward with the agreed terms and conditions of employment.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established