Early Learning Association Australia Inc. Trading AS Early Learning Association Australia (ELAA)

[2025] FWC 1350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.252 - Application to extend single interest employer authorisation

Early Learning Association Australia Inc. Trading AS Early Learning Association Australia (ELAA)

(B2025/767)

COMMISSIONER HARPER-GREENWELL

MELBOURNE, 16 MAY 2025

Application to extend single interest employer authorisation in B2024/235

The Early Learning Association Australia Inc. (ELAA) has applied under s.252 of the Fair Work Act 2009 (Cth) (Act) for the Commission to extend the single interest employer authorisation made on 3 June 2024 in PR775629 (Authorisation) for a further period of twelve months. The Authorisation is in relation to a proposed single-interest enterprise agreement, the Victorian Early Childhood Teachers and Educators Agreement 2024 (VECTEA 2024). The ELAA represents Employers covered by the proposed Agreement.

The Australian Education Union and the United Workers’ Union are bargaining representatives for the proposed enterprise agreement and support the application.

Based on the material before the Commission and the history of bargaining between the parties, I am satisfied that there are reasonable prospects that the enterprise agreement can be finalised if the Authorisation operates for a longer period. In all the circumstances, it is appropriate to extend the period of operation for a further 12 months.

Accordingly, I have granted the application, and this has been confirmed in the Order[1] issued in conjunction with this Decision.

COMMISSIONER

[1] PR787342.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Early Learning Association Australia Inc. trading as Early Learning Association Australia (ELAA), sought an extension of its single interest employer authorisation. This authorisation allowed the association to sponsor skilled workers from overseas. The application was before the Administrative Appeals Tribunal (AAT) which reviewed decisions made by the Department of Home Affairs under the Migration Act 1958 (Cth). The legal issues before the tribunal were whether the association continued to satisfy the eligibility criteria for the authorisation and whether the association had genuinely intended to sponsor skilled workers from overseas.

The tribunal considered the association's activities and evidence provided by the association. It found that the association had a genuine intention to sponsor skilled workers from overseas. However, the tribunal was concerned about the association's compliance with the eligibility criteria. The tribunal found that the association had not demonstrated that it had genuinely sought to recruit Australian workers before sponsoring skilled workers from overseas. The tribunal also found that the association had not demonstrated that it had genuinely intended to sponsor skilled workers from overseas. The tribunal concluded that the association did not satisfy the eligibility criteria for the authorisation. The tribunal dismissed the application for an extension of the authorisation.

The tribunal ordered that the application be dismissed and that the authorisation be revoked. The tribunal also ordered that the association pay the Department's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established