Methodist Ladies College T/A Methodist Ladies College
[2025] FWCA 382
•3 FEBRUARY 2025
| [2025] FWCA 382 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Methodist Ladies College T/A Methodist Ladies College
(AG2024/4952)
EARLY LEARNING CENTRE AND OUTSIDE SCHOOL HOURS CARE, MLC ENTERPRISE AGREEMENT 2025-2027
| Educational services | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 3 FEBRUARY 2025 |
Application for approval of the Early Learning Centre and Outside School Hours Care, MLC Enterprise Agreement 2025 - 2027
Introduction
Methodist Ladies College T/A Methodist Ladies College (the Employer) has made an application for approval of an enterprise agreement known as the Early Learning Centre and Outside School Hours Care, MLC Enterprise Agreement 2025 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 June 2024 and the Agreement was made on 29 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Regulation 2.06 Requirements
The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
National Employment Standards (NES) Precedence Term
Clause 27 of the Agreement provides that the entitlements set out in the Redundancy clause of the Agreement will not apply to employees who are offered comparable alternative employment by the Employer. This clause does not appear to provide that it is subject to the approval of the FWC, as required by s.120 of the Act.
Clause 33.3 of the Agreement allows for the employer and a majority of employees to substitute a public holiday by agreement. This is inconsistent with s115(3) of the Act which provides agreement must be between the employer and an individual employee.
To the extent that these clauses may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 4.3 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2025. The nominal expiry date of the Agreement is 3 February 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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