East Lismore Community Preschool Incorporated

[2025] FWCA 3443

[2025] FWCA 3443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

East Lismore Community Preschool Incorporated

(AG2025/3275)

EAST LISMORE COMMUNITY PRESCHOOL ENTERPRISE AGREEMENT 2025 - 2028

Educational services
COMMISSIONER SLOAN	SYDNEY, 15 OCTOBER 2025

Application for approval of the East Lismore Community Preschool Enterprise Agreement 2025-2028

1. East Lismore Community Preschool Incorporated has applied for approval of a single enterprise agreement known as the East Lismore Community Preschool Enterprise Agreement 2025-2028 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).

2. Having regard to the material that has been provided by the Preschool, including in the application and the accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

3. The United Workers Union (“UWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the UWU.

   Order – Approval

4. The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 22 October 2025. The nominal expiry date of the Agreement is 22 October 2028.

Variation to Agreement

1. In considering the Agreement, the Commission identified an error. Clause 6.1 reads:

“A Full Time Employee is an Employee who is engaged on a permanent basis to work an average of 38 hours per week, or in the case of Teachers as otherwise defined in clauses Error! Reference source not found. or Error! Reference source not found.”

1. I raised this matter with the Preschool and the UWU. I expressed the provisional view that this was “an obvious error, defect or irregularity” capable of being corrected under section 218A(1) of the Act. I asked whether the parties had any objection to me making the necessary correction on my own initiative. The Preschool responded in an email that was copied to the UWU. It confirmed that the clause contained a drafting error and was intended to finish after the word “week”. It also confirmed that it had no objection to me acting on my own volition to vary the Agreement under section 218A(1) of the Act to correct that error. The UWU raised no objection to that course of action.

1. I have determined to proceed accordingly.

Order – Variation

1. I order as follows:

1. Clause 6.1 of the Agreement is amended to read as follows:

   A Full Time Employee is an Employee who is engaged on a permanent basis to work an average of 38 hours per week.

COMMISSIONER

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