Coolum Beach Community Pre-School & Kindergarten Assoc Inc

[2025] FWCA 3515

[2025] FWCA 3515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coolum Beach Community Pre-School & Kindergarten Assoc Inc

(AG2025/2074)

COOLUM COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT BUTLER	BRISBANE, 22 OCTOBER 2025

Application for approval of the Coolum Community Kindergarten Early Childhood Education Enterprise Agreement 2024

1. Coolum Beach Community Pre-School & Kindergarten Assoc Inc (“the Employer”) has applied for approval of an enterprise agreement known as Coolum Community Kindergarten Early Childhood Education Enterprise Agreement 2024 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

1. For the reasons set out below it has been necessary for me to deal with some minor administrative and procedural errors in approving the Agreement. Such errors are common and my correcting them is not intended to reflect adversely on the applicant.

This Application

1. The application was required to be filed within 14 days after the Agreement was made on 13 June 2025 in accordance with subsection 185(3) of the Fair Work Act. As it was not filed until 1 July 2025, it was filed after the expiry of the statutory timeframe. Pursuant to subsection 185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application, and I extend time to the date on which the application was filed.

1. A party’s application for the Commission’s approval of an enterprise agreement must be accompanied by a signed copy of that agreement.[1] A copy of an enterprise agreement is a signed copy only if it is signed by the employer covered by the agreement and at least 1 representative of the employees covered by the agreement, and it includes each signatory’s full name and address, and an explanation of their authority to sign.[2] The employer signatory’s address appears to lack a state or postcode. In addition to this minor matter, I also note that the Employer’s name was spelt incorrectly in the application.

1. In an abundance of caution, and to the extent necessary to do so: I exercise the power in section 586 of the Fair Work Act,[3] under paragraph (a) and/or paragraph (b) of that section, to correct any error in the application, and/or waive any irregularity in the form or manner in which it has been made, arising out of the incorrect spelling of the employer’s name in the application, or from the lack of a state or postcode in the address given by the employer signatory.

Pre-approval requirements

1. There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement’s title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.

The National Employment Standards

1. Noting clause 1.2.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

The Better Off Overall Test

1. I invited submissions as to the Better Off Overall Test with reference to conditions regarding shift work, work during meal break, paid rest period, and make up time. The Employer confirmed my assumption that as a kindergarten it did not require employees to work shiftwork. It made submissions as to that and the other conditions I have referred to, and submitted that the Agreement passes the Better Off Overall Test. I was persuaded by the Employer’s submissions.

Conclusion

1. In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

1. The Independent Education Union of Australia (IEUA) lodged a declaration in the prescribed form[4] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the IEUA.

Conclusion

1. The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 22 October 2029.

DEPUTY PRESIDENT

[1] Fair Work Act 2009 s 185(2)(a).

[2] Fair Work Act 2009 s 185(5) and Fair Work Regulations 2009 (Cth) r 2.06A.

[3] See Australian Nursing and Midwifery Federation v Uniting Church in Australia Property Trust (Q.)[2020] FWCFB 848, [128]-[129], applying CFMMEU v Griffiths Cranes Pty Ltd[2019] FWCFB 1717, [40]-[46].

[4] Form F18.

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