Bulimba Preschool & Kindergarten Assoc Inc

[2025] FWCA 2389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bulimba Preschool & Kindergarten Assoc Inc

(AG2025/1928)

BULIMBA PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER DURHAM	BRISBANE, 18 JULY 2025

Application for approval of the Bulimba Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bulimba Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bulimba Preschool & Kindergarten Assoc Inc (the Applicant). The Agreement is a single enterprise agreement.

The Applicant 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.

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.

The Independent Education Union of Australia - Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bulimba Preschool & Kindergarten Association Inc applied for the approval of the Bulimba Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2024. The application was heard in the Fair Work Commission, where the parties presented their arguments. The primary dispute centred on the terms and conditions outlined in the proposed agreement, specifically those relating to wages, hours, and other employment provisions for early childhood educators.

The legal issues before the Commission involved whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included ensuring the agreement was "better off overall" for the employees, and that it complied with the "good faith" bargaining principles as outlined in the Act. The Commission also needed to assess if the agreement was free from any unlawful terms and adequately covered the bargaining obligations of both parties.

In delivering its decision, the Commission examined the evidence and submissions provided by both the applicant and the respondent. It considered the economic context, the nature of the early childhood education industry, and the specific circumstances of the Bulimba Preschool & Kindergarten Association Inc. The Commission found that the proposed agreement was fair and reasonable, meeting the statutory criteria for approval. The terms provided a satisfactory balance between the interests of the employer and the employees, and the agreement was deemed to be in good faith.

The Fair Work Commission approved the Bulimba Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2024, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the early childhood educators are legally compliant and provide a fair outcome for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established