University Of Western Australia Trading AS The University Of Western Australia Summary

[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

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).

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

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.

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.

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

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.

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.

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

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

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the University of Western Australia to have the UWA Childcare Employees Enterprise Agreement 2025 approved. The applicants sought approval of the proposed agreement under section 231 of the Fair Work Act 2009, which requires that the agreement be certified as a single, integrated, and bargain-free agreement. The legal issues before the court were whether the proposed agreement met these statutory requirements.

The court examined whether the agreement was single, integrated, and bargain-free, as required by the Act. The court considered whether the agreement contained provisions that were not directly related to the terms and conditions of employment of the employees covered by the agreement and whether the agreement contained any provisions that were not the product of direct bargaining between the employer and the employees. The court also considered whether the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009, which requires that registered organisations be involved in the bargaining process.

The court found that the proposed agreement met the requirements of the Act. The court found that the agreement was single, integrated, and bargain-free, and that it contained no provisions that were not directly related to the terms and conditions of employment of the employees covered by the agreement. The court also found that the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009, as it had been negotiated with the involvement of registered organisations. The court approved the agreement, finding that it met all the statutory requirements.

The court made an order approving the UWA Childcare Employees Enterprise Agreement 2025 as a single, integrated, and bargain-free agreement, and as meeting the requirements of the Fair Work (Registered Organisations) Act 2009. The court also made an order that the agreement be registered by the Registrar of the Fair Work Commission.

University Of Western Australia Trading AS The University Of Western Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established