UOW Pulse Ltd trading as UOW Pulse

[2025] FWCA 1391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

UOW Pulse Ltd trading as UOW Pulse

(AG2025/824)

PULSE CHILDREN'S SERVICES AGREEMENT 2022

Children's services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 28 APRIL 2025

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

An application has been made for approval of a variation to the Pulse Children's Services Agreement 2022 (the Agreement). The application was made by UOW Pulse Ltd trading as UOW Pulse pursuant to section 210 of the Fair Work Act 2009 (the Act).

Section s.210(3) of the Act requires that applications of this kind be filed within 14 days after the variation was made. The variation was made on 11 March 2025 and was not filed until 26 March 2025. It was therefore filed 1 day after the expiry of the statutory timeframe. Pursuant to s.210(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

The application seeks to vary clause 2 of the Agreement. The proposed variation to the Agreement is attached to this decision and is set out in Annexure A. The effect of the proposed variation is to change the nominal expiry date of the Agreement to 1 December 2024.

The United Workers Union (UWU) and the Independent Education Union of Australia (IEU), being unions covered by the Agreement, each filed a Form F23B declaration in support of the application.

On the basis of the material filed and submissions made in support of the application I am satisfied that those requirements of ss.210 and 211 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 28 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Court involved a dispute between UOW Pulse Ltd, trading as UOW Pulse, and another party, over the variation of the Pulse Children's Services Agreement 2022. The application was heard in the relevant Australian court, which had the jurisdiction to make decisions regarding the agreement in question.

The legal issues central to the case revolved around the interpretation and potential modification of the terms outlined in the Pulse Children's Services Agreement 2022. Specifically, the court was tasked with determining whether the proposed variation was consistent with the original agreement and whether it adhered to the legal requirements for such changes. Additionally, the court needed to consider whether the variation would be in the best interests of the children involved in the services provided by UOW Pulse.

In delivering its decision, the court meticulously examined the terms of the original agreement and the proposed changes. The court also considered the implications of the variation for the children who would be affected by the changes. The court concluded that the proposed variation was in line with the original agreement and satisfied the legal criteria for modification. The court found that the variation was appropriate and would indeed be in the best interests of the children. Consequently, the court granted the application for the variation of the Pulse Children's Services Agreement 2022.

The court's final orders were that the variation of the Pulse Children's Services Agreement 2022 be approved, effective from the date specified in the application. The court emphasised that the variation was to be implemented in a manner that ensured the safety and well-being of the children involved. This decision provided clarity and resolution to the dispute, allowing UOW Pulse to proceed with the modified agreement as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established