Lady Gowrie Child Centre Incorporated Trading AS Gowrie Sa

[2025] FWCA 2313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Lady Gowrie Child Centre Incorporated Trading AS Gowrie Sa

(AG2025/1910)

LADY GOWRIE CHILD CENTRE INCORPORATED (GOWRIE SA) ENTERPRISE AGREEMENT 2025

Children's services
DEPUTY PRESIDENT CROSS	SYDNEY, 14 JULY 2025

Application for approval of the Lady Gowrie Child Centre Incorporated (Gowrie SA) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Lady Gowrie Child Centre Incorporated (Gowrie SA) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lady Gowrie Child Centre Incorporated Trading AS Gowrie Sa. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The United Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Lady Gowrie Child Centre Incorporated trading as Gowrie SA and its employees, represented by their respective unions. The dispute arose regarding the approval of the Enterprise Agreement 2025, which was to govern the terms and conditions of employment for the employees. The matter was brought before the Fair Work Commission.

The primary legal issue that the court had to decide was whether the proposed Enterprise Agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely bargained between the employer and the employees' representatives.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, including the submissions made by the unions and the employer. The Commission found that the Enterprise Agreement was fair and reasonable, as it provided for terms and conditions that were consistent with the award applicable to the employees, while also taking into account the specific needs of the organisation. The Commission further found that the agreement had been genuinely bargained, as there was sufficient evidence of good faith negotiations between the parties. Consequently, the court approved the Enterprise Agreement 2025.

The final orders of the court were that the Lady Gowrie Child Centre Incorporated trading as Gowrie SA Enterprise Agreement 2025 be approved as a registered agreement under section 175 of the Fair Work Act 2009. The agreement would then apply to the employees of the organisation from the date of registration, and it would remain in effect until the earlier of its expiration or termination in accordance with the provisions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established