[2025] FWCA 2099

Fair Work Act 2009

s.185 - Enterprise agreement

Australian Children's Education and Care Quality Authority

Application for approval of the ACECQA Enterprise Agreement 2025-2028.

[1] The Australian Children's Education and Care Quality Authority has applied for approval of an enterprise agreement known as the ACECQA Enterprise Agreement 2025-2028 ("Agreement"). The application is made under section 185 of the Fair Work Act 2009 ("Act"). The Agreement is a single enterprise agreement.

[2] The Community and Public Sector Union ("CPSU") was a bargaining representative for the Agreement. It supports the approval of the Agreement.

[3] The Agreement contains a Workplace Delegates' Rights term. However, it is in my view less favourable than the delegates' rights terms in the awards that cover the delegates, being clause 6A of the Australian Government Industry Award 2016 and clause 26A of the Miscellaneous Award 2020. As a result, in accordance with section 205A(2) of the Act, clause I.5(1) of the Agreement is of no effect and clause 40A of the Australian Government Industry Award 2016 is taken to be a term of the Agreement.

[4] I am otherwise satisfied from the material in the application and the declarations filed by the Authority and the CPSU that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

[5] The CPSU has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the CPSU.

[6] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 3 July 2025. The nominal expiry date of the Agreement is 30 June 2028.

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