Chapel Hill Community Preschool & Kindergarten

[2025] FWCA 894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chapel Hill Community Preschool & Kindergarten

(AG2025/411)

CHAPEL HILL COMMUNITY PRE-SCHOOL AND KINDERGARTEN ASSOCIATION INC. EARLY CHILDHOOD ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER HUNT	BRISBANE, 12 MARCH 2025

Application for approval of the Chapel Hill Community Pre-school & Kindergarten Association Inc. Early Childhood Enterprise Agreement 2024

Chapel Hill Community Preschool & Kindergarten (the Employer) has applied for approval of an enterprise agreement known as the Chapel Hill Community Pre-school & Kindergarten Association Inc. Early Childhood Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 19 August 2024 and the Agreement was made on 6 February 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

The Agreement does not contain a workplace delegates’ rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Children’s Services Award 2010 is attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2025. The nominal expiry date of the Agreement is 12 March 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

In the Fair Work Commission, the Chapel Hill Community Pre-school & Kindergarten Association Inc. applied for approval of their proposed 2024 Early Childhood Enterprise Agreement. The application involved the association's employees who are engaged in early childhood education and care roles, including educators and support staff. The association argued that the proposed agreement addressed the need to attract and retain skilled staff within the sector, while also ensuring fair compensation and working conditions.

The legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was a genuine enterprise agreement, whether it included appropriate bargaining, and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission had to consider if the agreement covered a genuinely constituted bargaining group, if the bargaining was conducted in good faith, and if the terms of the agreement were fair and reasonable.

The Commission found that the Chapel Hill Community Pre-school & Kindergarten Association Inc. was a genuine employer, and the employees were appropriately represented. It was satisfied that the bargaining process was conducted in good faith and that the agreement met the necessary criteria. The Commission noted the agreement provided for reasonable working conditions, competitive wages, and included provisions for dispute resolution and professional development, which were considered fair and reasonable. The application was approved, and the agreement was registered under the Fair Work Act 2009.

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Background to the litigation

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Legal Principle Established