University Of Western Australia Trading AS The University Of Western Australia

Case

[2025] FWCA 2403

22 JULY 2025


[2025] FWCA 2403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

University Of Western Australia Trading AS The University Of Western Australia

(AG2025/1893)

UWA CHILDCARE EMPLOYEES ENTERPRISE AGREEMENT 2025

Educational services

COMMISSIONER SCHNEIDER

PERTH, 22 JULY 2025

Application for approval of the UWA Childcare Employees Enterprise Agreement 2025

  1. University Of Western Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the UWA Childcare Employees Enterprise Agreement 2025 (the Agreement).

  1. The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

  1. Clause 2 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

  1. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement

  1. Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Higher Education Industry—General Staff—Award 2020 is taken to be a term of the Agreement. 

  1. The United Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 July 2025.

  1. The nominal expiry date of the Agreement is 22 July 2029.


COMMISSIONER

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