Totom House Incorporated Trading AS Totom House Multicultural Early Childhood Centre

[2025] FWCA 1515

[2025] FWCA 1515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Totom House Incorporated Trading AS Totom House Multicultural Early Childhood Centre

(AG2025/1186)

TOTOM HOUSE MULTICULTURAL EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2025-2027

Children's services
DEPUTY PRESIDENT GRAYSON	SYDNEY, 7 MAY 2025

Application for approval of the Totom House Multicultural Early Childhood Centre Enterprise Agreement 2025-2027

Introduction

1. Totom House Incorporated Trading as Totom House Multicultural Early Childhood Centre (the Employer) has made an application for approval of an enterprise agreement known as the Totom House Multicultural Early Childhood Centre 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

1. 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 31 March 2025 and the Agreement was made on 22 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Notice of Employee Representational Rights (NERR)

1. The NERR was erroneous in that the name of the employer was incorrect. I consider on the basis of the material before the Commission that this matter constituted a minor technical error.

1. I am satisfied having regard to the material before the Commission and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Section 186, 187, and 188

1. Having had regard to the Statement of Principles on Genuine 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.

Section 183 Bargaining Representatives

1. 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.

1. In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2025. The nominal expiry date of the Agreement is 14 May 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

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