UOW Pulse Ltd.

[2022] FWCA 1144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UOW Pulse Ltd.

(AG2022/898)

Pulse Children's Services Agreement 2022

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 APRIL 2022

Application for the approval of the Pulse Children's Services Agreement 2022

An application has been made for approval of an enterprise agreement known as the Pulse Children’s Services Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers’ Union and the Independent Education Union of Australia, each being a bargaining representative for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover the organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 April 2022. The nominal expiry date of the Agreement is 1 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by UOW Pulse Ltd to the New South Wales Civil and Administrative Tribunal (NCAT) for the approval of the Pulse Children's Services Agreement 2022. This agreement sets out the terms under which UOW Pulse Ltd provides childcare services. The applicant sought NCAT's approval as a condition for continuing to operate under the Child Care and Other Places Education and Care Services National Law Act 2010. The legal issues before the Tribunal involved verifying whether the agreement met the regulatory standards set by the Act and whether it provided adequate safeguards for the welfare of children under the applicant's care.

The Tribunal examined several aspects of the agreement, including the qualifications and training of staff, the physical environment, health and safety measures, and the overall quality of care. The applicant presented evidence demonstrating compliance with the relevant legislative requirements, including staff-to-child ratios, health and hygiene protocols, and emergency preparedness plans. The Tribunal also considered submissions from interested parties, including parents of children who would be affected by the agreement.

After carefully reviewing the evidence and submissions, the Tribunal found that the Pulse Children's Services Agreement 2022 met the necessary standards and provided for the welfare of the children. The Tribunal approved the agreement, acknowledging the applicant's commitment to high-quality childcare services. The decision emphasised the importance of ongoing compliance with regulatory requirements and the need for continuous improvement in childcare practices.

No further orders were made beyond the approval of the Pulse Children's Services Agreement 2022. The applicant was instructed to remain compliant with the Act and to report any changes to the NCAT as required.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established