KU Children's Services

[2025] FWCA 3500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KU Children’s Services

(AG2025/3311)

KU CHILDREN’S SERVICES – ADMINISTRATIVE EMPLOYEES AND COOKS 2024-26 ENTERPRISE AGREEMENT

Children’s services
COMMISSIONER SCHNEIDER	PERTH, 20 OCTOBER 2025

Application for approval of the KU Children’s Services – Administrative Employees and Cooks 2024-26 Enterprise Agreement

KU Children’s Services (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the KU Children’s Services – Administrative Employees and Cooks 2024-26 Enterprise Agreement (the Agreement).

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided, I confirm that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 October 2025.

The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved KU Children's Services, an applicant, seeking approval for their proposed Enterprise Agreement. This agreement pertains to administrative employees and cooks employed within the organisation. The legal issues central to the case revolved around whether the terms and conditions stipulated in the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The primary concerns included the adequacy of the proposed minimum wages, leave entitlements, and the overall fairness of the agreement in light of the Fair Work Act’s objectives.

The Commission undertook a thorough examination of the proposed agreement, assessing whether it met the statutory criteria for approval. This included evaluating the compliance of the agreement with the provisions of the Fair Work Act, particularly sections concerning minimum wages, leave entitlements, and procedural fairness. The Commission also considered the balance of rights and obligations between the employer and employees, ensuring that the agreement did not unjustifiably disadvantage any party. Additionally, the Commission reviewed the process by which the agreement was negotiated, verifying that it was conducted in good faith and with due regard to the rights of the employees.

In reaching its decision, the Commission concluded that the proposed Enterprise Agreement did indeed comply with the requirements of the Fair Work Act. The Commission found that the proposed terms and conditions were fair and reasonable, meeting the necessary legislative standards. Furthermore, the agreement was found to be negotiated in good faith, with adequate representation of the employees' interests. Consequently, the Commission approved the proposed agreement, acknowledging its alignment with the principles of procedural fairness and the protection of employees' rights.

The final orders of the Commission were that the KU Children’s Services – Administrative Employees and Cooks 2024-26 Enterprise Agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered by the Fair Work Commission, and its terms and conditions were to apply to the relevant employees of KU Children's Services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established