Community Child Care Association Inc T/A Community Child Care

[2025] FWCA 2066

[2025] FWCA 2066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Community Child Care Association Inc T/A Community Child Care

(AG2025/1811)

PROFESSIONAL COMMUNITY STANDARD 2025

Children's services
COMMISSIONER PLATT	ADELAIDE, 24 JUNE 2025

Application for approval of the Professional Community Standard 2025

1. An application has been made for approval of an enterprise agreement known as the Professional Community Standard 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Community Child Care Association Inc T/A Community Child Care (the Applicant). The agreement is a multi-enterprise agreement.

1. The matter was allocated to my Chambers on 18 June 2025.

1. On 19 June 2025, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a revised Form F17C from Windsor Community Children's Centre Co-Op Ltd and Wimble Street Child Care Co-Operative Limited and a revised Schedule Seven which resolved the concerns identified. I note the Applicant is a bargaining representative for all employers covered by the Agreement.

1. There are five National Employment Standard (NES) issues that require comment:

·  Clauses 45.3 and 52.7 provide for casual conversion however, it is limited to a person engaged as a ‘regular’ casual employee. A regular casual employee means a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis. This may be more restrictive than the employee choice provisions in s66AAB of the Act which permits a casual employee to provide written notification to change to permanent employment if they have been employed for a period of at least 6 months beginning the day the employment started – if the employer is not a small business.

·  Clause 20.6 provides the employer and employees may agree to substitute another day for any public holiday prescribed in the clause by consent of the majority of affected employees. This appears to be inconsistent with s.115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an individual employee, rather than a majority of employees.

·  Clause 22.2.4 states the entitlement to use carers leave in accordance with the subclause is subject to the employee being responsible for the care of the person concerned. This may be more restrictive than s.97 of the Act where an employee may take paid personal/carer’s leave to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household.

·  Clause 22.2.6 states the employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. This may be inconsistent with s.107(2) of the Act which provides for notice to be given as soon as reasonably practicable (which may be a time after the leave has started).

·  Clause 22.3.1 provides an employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill or injured. This may be more restrictive than s.102 of the Act where an entitled to 2 days of unpaid carer’s leave for each occasion when a member of the employee’s immediate family, or a member of the employee’s household, requires care or support because of a personal illness, or personal injury, affecting the member or an unexpected emergency affecting the member.

1. Clause 4.2 of the Agreement acts as an effective NES precedence clause. As a result, the above clauses will not apply to the extent they are inconsistent with the NES.

1. There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Educational Services (Teachers) Award 2020 and the Children's Services Award 2010 which has the result of remedying any defect.

1. The United Workers’ Union and Australian Education Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 November 2026.

COMMISSIONER

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