Bearchildcare Pty Ltd trading as Barfa Bear Child Care

DMP Child Care Association Inc trading as DMP Early Learning

North Epping Early Learning Pty Ltd trading as Cressy Road Early Learning

Peacock Street Long Day Care Pty Ltd trading as Peacock Street Long Day Care, Bindook Cottage and Peek-A-Boo CottageCressy Road Early Learning

Windybanks Childcare Centre Pty Ltd trading as Unley Early Learning Centre

Radiam Early Learning Pty Ltd trading as Sagewood Early Learning

Midi Property Investments Pty Ltd trading as Warriapendi Early Learning Centre

Starfish Childcare Clayton South Pty Ltd trading as Starfish Early Learning Centre (Clayton South)

Applications for variations of the Early Childhood Education and Care Multi-Employer Agreement 2024-2026 to correct or amend obvious errors.

[1] This matter concerns 8 applications for the variation of the Early Childhood Education and Care Multi-Employer Agreement 2024-2026 (ECEC Agreement). I have dealt with them together for convenience. In each case, the application is made under s.218A of the Fair Work Act 2009 (Act) and seeks to correct the name or other details of an employer set out in Part G of the agreement as originally approved by the Commission.

[2] The ECEC Agreement was approved[1] by a Full Bench of the Commission on 10 December 2024. The ECEC Agreement was made following a supported bargaining authorisation issued under s.242 and related provisions of the Act by an earlier Full Bench in September 2023.[2]

[3] The United Workers' Union (UWU), Australian Education Union (AEU) and the Independent Education Union of Australia (IEU) (collectively the Unions) are also covered by the ECEC Agreement.

[4] Section 218A of the Act provides as follows:

"218A Variation of enterprise agreements to correct or amend errors, defects or irregularities

(1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2) The FWC may vary an enterprise agreement under subsection (1):

(i) one or more of the employers covered by the agreement;

(iii) an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement."

[5] The applications have all been made by the relevant employers who are covered by the ECEC Agreement. In each case, the correction sought is to amend an obvious error that has been made when describing the intended employers to be covered as set out in Part G of the ECEC Agreement.

[6] The applications are made according to the Act, appropriate grounds have been provided in each case, and the variations are not opposed by any of the Unions.

[7] I am satisfied that each of the applications should be granted and the ECEC Agreement is amended accordingly.

[8] The variations are set out in Annexure A to this Decision.

[9] It is appropriate that the variations restore the original intention of the ECEC Agreement. The variations in each case will operate from 17 December 2024.[3]

The Early Childhood Education and Care Multi-Employer Agreement 2024-2026 is varied as follows:

1. The reference to "Dame Marjorie Parker Creche," at Part G, row 1, is deleted.

1. The reference to "Windybanks Pty Ltd" at Part G, row 4, is deleted and replaced with the following words "Windybanks Childcare Centre Pty Ltd".

1. The reference to "Starfish Childcare Clayton Pty Ltd ATF Starfish Clayton South Trust" at Part G, row 8 is deleted and replaced with the following words "Starfish Childcare Clayton South Pty Ltd ATF Starfish Clayton South Trust".

1. The reference to Warriapendi Early Learning at "28" Redcliffe Avenue BALGA WA 6061, at Part G, row 11, is amended to "28a" Redcliffe Avenue BALGA WA 6061.

1. The reference to Peacock Street Long Day Care; at "1B Magarra Place" SEAFORTH NSW 2092, at Part G, row 12, is deleted and replaced with the following words "27 Peacock Street" SEAFORTH NSW 2092.

1. The reference to "Bear Childcare Pty Ltd" at Part G, row 19 is deleted and replaced with the following words "BearChildCare Pty Ltd"; and

2. After the reference to BEVERLY HILLS NSW 2209 at Part G, row 19, the following words are added "; Mama Bear Child Care at 20 McCallum St ROSELANDS NSW 2196; Papa Bear Child Care at 110 Parraweena Rd MIRANDA NSW 2228".

1. After the reference to HARRISDALE WA 6112 at Part G, row 35, the following words are added "Sagewood Early Learning Woodvale at 1 Lyell Grove Woodvale WA 6026".

1. The reference to "; Mary Street Early Learning'," at Part G, row 36, is deleted.

[1] [2024] FWCFB 455 with reasons delivered on 17 December 2024 - [2024] FWCFB 461.

[2] PR766609 see Application by United Workers' Union, Australian Education Union and Independent Education Union of Australia [2023] FWCFB 176.

[3] This is the original date of operation of the ECEC Agreement.

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