Gymea Nursery School & Kindergarten Co-Op Society Limited
[2025] FWCA 467
•6 FEBRUARY 2025
| [2025] FWCA 467 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Gymea Nursery School & Kindergarten Co-Op Society Limited
(AG2025/121)
GYMEA NURSERY SCHOOL & KINDERGARTEN CO-OP SOCIETY LIMITED CHILD CARE EDUCATOR ENTERPRISE AGREEMENT 2024-2025
| Children's services | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 6 FEBRUARY 2025 |
Application for approval of the Gymea Nursery School & Kindergarten Co-op Society Limited Child Care Educator Enterprise Agreement 2024-2025
An application has been made for approval of an enterprise agreement known as the Gymea Nursery School & Kindergarten Co-op Society Limited Child Care Educator Enterprise Agreement 2024-2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gymea Nursery School & Kindergarten Co-Op Society Limited (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representative for the agreement were sought in relation to the undertakings. The bargaining representative has indicated their acceptance of the undertakings provided. 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.
Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 3.2 of the Agreement provides that:
The NES, as amended from time to time and this Agreement combine to contain the minimum conditions of employment for the employees covered by this Agreement.
To remove any uncertainty, this Agreement wholly displaces and operates to the exclusion of all awards and any other industrial instrument that would otherwise apply to employees whose employment is regulated by the provisions of this Agreement.
If the NES or Award provide a greater benefit, the NES or Award provision will apply to the extent of the inconsistency.
The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is, pursuant to Clause 4, twelve months from the date upon which the agreement commences operation. Accordingly, the nominal expiry date is 13 February 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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