Mother Duck Enoggera Pty Ltd T/A Mother Duck Childcare And Kindergarten Enoggera

[2025] FWCA 242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mother Duck Enoggera Pty Ltd T/A Mother Duck Childcare And Kindergarten Enoggera

(AG2024/5075)

MOTHER DUCK CHILDCARE ENTERPRISE AGREEMENT 2024

Children's services
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2025

Application for approval of the Mother Duck Childcare Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Mother Duck Childcare Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mother Duck Enoggera Pty Ltd T/A Mother Duck Childcare And Kindergarten Enoggera. 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.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Children's Services Award 2010 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 30 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Mother Duck Enoggera Pty Ltd trading as Mother Duck Childcare And Kindergarten Enoggera, an application was made for the approval of the Mother Duck Childcare Enterprise Agreement 2024. The application was heard in the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement in question had been negotiated between the employer and the relevant union representing the employees.

The legal issues before the Commission involved the assessment of the proposed agreement against the requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, whether it had been genuinely negotiated, and whether it included provisions that were consistent with the broader objectives of the Act. Additionally, the Commission examined whether the agreement adequately protected the rights and interests of the employees, including any provisions for dispute resolution and the incorporation of relevant awards.

The Fair Work Commission, in reviewing the application, considered the detailed provisions of the proposed agreement and the submissions made by both the employer and the union. The Commission noted that the agreement contained comprehensive terms covering wages, working hours, leave entitlements, and other employment conditions. The Commission found that the agreement had been genuinely negotiated and that it provided for fair and reasonable terms and conditions of employment. The agreement also included provisions that were consistent with the objectives of the Act and adequately protected the rights and interests of the employees. Consequently, the Commission approved the application and certified the Mother Duck Childcare Enterprise Agreement 2024 as meeting the necessary legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established