The Community Child Care Centre Incorporated Trading AS Parkside Community Child Care & Early Learning Centre

[2025] FWCA 2496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Community Child Care Centre Incorporated Trading AS Parkside Community Child Care & Early Learning Centre

(AG2025/2266)

PARKSIDE COMMUNITY CHILD CARE AND OSHC ENTERPRISE AGREEMENT 2025

Children's services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 29 JULY 2025

Application for approval of the Parkside Community Child Care and OSHC Enterprise Agreement 2025

An application has been made for the approval of an enterprise agreement known as the Parkside Community Child Care and OSHC Enterprise Agreement 2025. The application as made pursuant to s.185 of the Fair Work Act 2009 (Cth). It has been made by The Community Child Care Centre Incorporated. The Agreement is a single enterprise agreement.

In response to correspondence from my Chambers regarding casual employees classified as Director Level 6.9, the Applicant advised that it has not recruited a casual Director Level 6.9 employee and that there is no intention to do so. In assessing the Better Off Overall Test, I am satisfied for the purpose of s.193A(6), and determine under s.193A(6A), of the Act, that a casual Director level 6.9 is not a type of employment that is reasonably foreseeable.

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.

The United Workers Union (UWU), 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 UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2025. The nominal expiry date of the Agreement is 29 July 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Parkside Community Child Care and Out of School Hours Care Enterprise Agreement 2025. The Community Child Care Centre Incorporated, trading as Parkside Community Child Care & Early Learning Centre, sought approval of the agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions for employees.

The central legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions for employees within the meaning of section 234 of the Fair Work Act. This involved assessing whether the agreement provided for a safety net of minimum terms and conditions, and whether it allowed for appropriate flexibility to meet the needs of the enterprise. The Commission also had to consider whether the agreement met the better off overall test, ensuring that employees were not worse off and that the agreement facilitated improvements in the terms and conditions of employment.

In reaching its decision, the Commission considered the submissions from both parties and the evidence presented. It found that the agreement provided for a comprehensive safety net of minimum terms and conditions, including appropriate pay rates, leave entitlements, and other employment conditions. The Commission noted that the agreement also allowed for flexibility to meet the operational needs of the enterprise, including provisions for part-time and casual employees. The Commission concluded that the agreement met the better off overall test, as it provided for improvements in terms and conditions of employment for some employees, without making any employees worse off. Based on these findings, the Commission approved the agreement under section 234 of the Fair Work Act.

The Fair Work Commission approved the Parkside Community Child Care and Out of School Hours Care Enterprise Agreement 2025. The agreement was approved as meeting the statutory requirements for approval under section 234 of the Fair Work Act, providing for fair and reasonable terms and conditions for employees, and facilitating improvements in the terms and conditions of employment. The approval ensures that the agreement will become the legally binding enterprise agreement for the employees of the Community Child Care Centre Incorporated, trading as Parkside Community Child Care & Early Learning Centre, from 1 January 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established