austlii:cth/FWCA/2025/1806
General information, not legal advice.
FWCA
2025-05-29
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Clarendon Children's Centre Co-Operative Ltd Trading AS Clarendon Children's Centre
CLARENDON CHILDREN'S CENTRE CO-OPERATIVE ENTERPRISE AGREEMENT 2025
Application for approval of the Clarendon Children's Centre Co-Operative Enterprise Agreement 2025
[1] Clarendon Children's Centre Co-Operative Ltd (ABN: 56 788 546 557) has applied for approval of an enterprise agreement known as the Clarendon Children's Centre Co-Operative Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.
[2] The Agreement is a single enterprise agreement
[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
Clause 50.6 - Public Holiday substitution
Clause 25.1.3 - Notice of termination for apprentices
Clause 26.5.1 - Redundancy
[4] Clause 5.2.2 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Employer 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.
[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 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.
[7] The Agreement does not contain a delegates' rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates' rights term in Clause 28A of the Educational Services (Teachers) Award 2020 is taken to be a term of the Agreement.
[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 June 2025.
[9] In accordance with clause 3.1, the nominal expiry date of the Agreement is 30 November 2026.
Printed by authority of the Commonwealth Government Printer
APPENDIX A
