Eatons Hill Community Kindergarten Association Inc

Case •

[2025] FWCA 1870

•

4 JUNE 2025
[2025] FWCA 1870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Eatons Hill Community Kindergarten Association Inc

(AG2025/1574)

EATONS HILL COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2024

Educational services

DEPUTY PRESIDENT BUTLER

BRISBANE, 4 JUNE 2025

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

  1. Eatons Hill Community Kindergarten Association Inc (“the Employer”) has applied for approval of an enterprise agreement known as the Eatons Hill 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. 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.

  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[1] 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.

  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 4 June 2028.


DEPUTY PRESIDENT


[1] Form F18.

Printed by authority of the Commonwealth Government Printer

<AE529259  PR787891>

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