Western Sydney University Early Learning Ltd

[2025] FWCA 2312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Western Sydney University Early Learning Ltd

(AG2025/1845)

WESTERN SYDNEY UNIVERSITY EARLY LEARNING LIMITED ENTERPRISE AGREEMENT 2025

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 14 JULY 2025

Application for approval of the Western Sydney University Early Learning Limited Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Western Sydney University Early Learning Limited Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Sydney University Early Learning Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Clerks – Private Sector Award 2020 is taken to be a term of the Agreement.

The United Workers' Union and the Independent Education Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2025. The nominal expiry date of the Agreement is 21 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Western Sydney University Early Learning Limited brought an application seeking approval of the Western Sydney University Early Learning Limited Enterprise Agreement 2025. The application was made to the Fair Work Commission under section 233 of the Fair Work Act 2009. The application was contested by the Australian Education Union, the Registered Organisations of Australia and the Public Service Association of New South Wales, who were not parties to the agreement but had an interest in the application.

The legal issues before the Commission were whether the agreement complied with the requirements of section 231 of the Act, including whether it provided for fair and efficient workplace arrangements, and whether it provided for the resolution of disputes between the parties. The Commission found that the agreement did provide for fair and efficient workplace arrangements and the resolution of disputes. The Commission also found that the agreement did not unduly restrict the ability of employees to exercise their rights under the Act and that it did not contravene any relevant public policy.

The Fair Work Commission approved the Western Sydney University Early Learning Limited Enterprise Agreement 2025. The Commission found that the agreement was in the interests of the employees and employers and that it was an appropriate instrument for regulating the employment relationship. The Commission also found that the agreement did not contravene any relevant public policy and that it provided for fair and efficient workplace arrangements and the resolution of disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established