Noah's Ark Inc [2025] FWCA 2215 (4 July 2025)

[1] Noah's Ark Inc (Employer) has made an application for approval of an enterprise agreement known as the Noah's Ark Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Appendix 2 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.

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

Section 186, 187, 188 and 190

[4] 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.

Section 183 Bargaining Representatives

[5] The Health Services Union (HSU) and the Australian Education Union (AEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

[6] In accordance with s.201(2), I note that the Agreement covers the HSU and the AEU.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 July 2025. The nominal expiry date of the Agreement is 30 June 2027.

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