Application for approval of the A B Paterson Childcare Centre - Enterprise Bargained Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the A B Paterson Childcare Centre - Enterprise Bargained 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 A.B. Paterson College (the Applicant). The Agreement is a single enterprise agreement.

[2] The application was required to be filed within 14 days after it was made on 2 October 2025 in accordance with s.185(3) of the Act. As it was not filed until 11 November 2025, it was filed 26 days after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

[3] I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.

[4] The Applicant has provided written undertakings. 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.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[7] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act.

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