AnglicareSA Ltd [2025] FWCA 1579 (13 May 2025)

[1] An application has been made for approval of a variation to the AnglicareSA Ltd. Childcare Services Agreement 2016 (the Agreement). The application was made by AnglicareSA Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] AnglicareSA Ltd has provided written undertakings, a copy of which is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the variation and that they will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] AnglicareSA also provided undertakings in connection with the original application for approval of the Agreement to meet concerns that particular requirements of ss. 186 and 187 had not been met. The undertakings were accepted, and the Agreement was approved on 24 April 2018. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 13 May 2025.

Printed by authority of the Commonwealth Government Printer