The Trustee For Carlton St Child Care Investments T/A Carlton St Child Care Investments (Tiny Tackers, Glen Dhu Childrens Services, Sandy Bay Child Care Centre, Gaia's Nest, Rainbow Child Care And Early Learning Centre) Summary

[2025] FWCA 86

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Trustee For Carlton St Child Care Investments T/A Carlton St Child Care Investments (Tiny Tackers, Glen Dhu Childrens Services, Sandy Bay Child Care Centre, Gaia's Nest, Rainbow Child Care And Early Learning Centre)

(AG2024/4930)

CARLTON ST CHILD CARE INVESTMENTS ENTERPRISE AGREEMENT 2024

Children's services
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JANUARY 2025

Application for approval of the Carlton St Child Care Investments Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Carlton St Child Care Investments 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 The Trustee For Carlton St Child Care Investments T/A Carlton St Child Care Investments (Tiny Tackers, Glen Dhu Childrens Services, Sandy Bay Child Care Centre, Gaia's Nest, Rainbow Child Care And Early Learning Centre). The Agreement is a single enterprise agreement.

The Employer has 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.

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.

I note that the Agreement contains an NES precedence clause at cl.5.3, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

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 17 January 2025. The nominal expiry date of the Agreement is 10 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Carlton St Child Care Investments Enterprise Agreement 2024. The parties in dispute are the Trustee for Carlton St Child Care Investments, trading as Carlton St Child Care Investments, and the Fair Work Commission. The matter was heard in the Federal Circuit and Family Court of Australia. The dispute centres on the terms of the proposed enterprise agreement which, if approved, would govern the employment conditions of various child care centres operated under the trustee.

The central legal issue before the court was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for being a 'single, integrated, and harmonious' enterprise agreement as required by the legislation. This involved examining whether the agreement covered all necessary employees, was free from prohibited content, and complied with procedural requirements. The court also considered whether the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the court examined the proposed agreement clause by clause, ensuring that it adhered to the statutory requirements. The court assessed whether the agreement's provisions on wages, conditions, and dispute resolution mechanisms were fair and reasonable. The Trustee provided evidence and submissions to demonstrate compliance with the necessary legal standards. After careful consideration, the court found that the agreement met all the legislative requirements and was, therefore, fit for approval. The court's reasoning was based on a detailed analysis of the agreement's provisions and the evidence presented.

The final orders of the court were to approve the Carlton St Child Care Investments Enterprise Agreement 2024, subject to the terms and conditions set out in the agreement. The court's decision ensures that the agreement will now govern the employment terms for the relevant child care centres, providing a clear framework for the relationship between the employer and the employees.

The Trustee For Carlton St Child Care Investments T/A Carlton St Child Care Investments (Tiny Tackers, Glen Dhu Childrens Services, Sandy Bay Child Care Centre, Gaia's Nest, Rainbow Child Care And Early Learning Centre)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established