s.185 - Enterprise agreement

Application for approval of the Amana OSHC Pty Ltd Enterprise Agreement 2026

[1] An application has been made for approval of an enterprise agreement known as the Amana OSHC Pty Ltd Enterprise Agreement 2026 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] Clause 34 of the Agreement is of no effect and the workplace delegates' rights term at clause 7A of the Children's Services Award 2020 is taken to be a term of the Agreement.

[3] Pursuant to subsection 202(4) of the Act, the model flexibility term determined by a Full Bench of the Fair Work Commission on 20 February 2025 in PR784579 is taken to be a term of the Agreement.

[4] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[6] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 February 2026. The nominal expiry date of the Agreement is 12 February 2030.

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