Ormiston College Foundation Childcare Pty Ltd T/A Ormiston College Early Learning Centre

[2024] FWCA 4605

[2024] FWCA 4605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ormiston College Foundation Childcare Pty Ltd T/A Ormiston College Early Learning Centre

(AG2024/4697)

ORMISTON COLLEGE EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2024-2028

Children’s services
COMMISSIONER HUNT	BRISBANE, 19 DECEMBER 2024

Application for approval of the Ormiston College Early Learning Centre Enterprise Agreement 2024-2028

1. Ormiston College Foundation Childcare Pty Ltd T/A Ormiston College Early Learning Centre (the Employer) has applied for approval of an enterprise agreement known as the Ormiston College Early Learning Centre Enterprise Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 19 July 2024 and the Agreement was made on 14 November 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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. For the purpose of ss.186(3) and (3A) of the Act, I note that the Agreement covers all of the employees of the Employer.

1. The Agreement is approved and, in accordance with s.54 of the Act and clause 2.2 of the Agreement, will operate from 12 February 2025. The nominal expiry date of the Agreement is 19 December 2028.

COMMISSIONER

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Annexure A – Undertakings