UOW Pulse Ltd trading as UOW Pulse Summary

[2025] FWCA 1392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

UOW Pulse Ltd trading as UOW Pulse

(AG2025/805)

UOW PULSE CHILDREN'S SERVICES AGREEMENT 2024

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

Application for approval of the UOW Pulse Children's Services Agreement 2024

An application has been made for approval of an enterprise agreement known as the UOW Pulse Children's Services Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UOW Pulse Ltd trading as UOW Pulse (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 3.1 of the Agreement provides that this Agreement is not intended to exclude any part of the National Employment Standards (NES) or to provide any entitlement which is detrimental to an employee’s entitlement under the NES. For the avoidance of doubt, the NES prevails to the extent that any aspect of this Agreement would otherwise be detrimental to an employee.

The United Workers Union (UWU) and the Independent Education Union of Australia NSW/ACT Branch (IEUA) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU and the IEUA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 April 2027 (2 years from date of approval).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Court involved UOW Pulse Ltd, trading as UOW Pulse, which sought approval for the UOW Pulse Children's Services Agreement 2024. The application was before the Family Court of Australia. The primary issue was whether the proposed agreement, which was meant to govern the operation of a children's service, met the necessary standards and requirements set forth in relevant legislation and guidelines.

The legal issues that the court needed to address included the adequacy of the proposed agreement in terms of compliance with the Education and Care Services National Regulations 2011 and the National Quality Standard. The court also had to consider whether the agreement sufficiently provided for the safety, health, and wellbeing of the children using the service. Additionally, the court examined whether the agreement reflected appropriate educational programs and practices, as well as the qualifications and experience of staff.

The Court found that the proposed agreement met the necessary standards and requirements. The agreement was deemed to be comprehensive and compliant with the relevant regulations and quality standard. The court was satisfied that the agreement provided for the safety, health, and wellbeing of the children, and that it included appropriate educational programs and practices. The qualifications and experience of the proposed staff were also found to be adequate. Consequently, the court approved the UOW Pulse Children's Services Agreement 2024.

UOW Pulse Ltd trading as UOW Pulse

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established