Eatons Hill Community Kindergarten Association Inc

[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

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.

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.

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.

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.

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

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Eatons Hill Community Kindergarten Association Inc, an employer, and the relevant union, as the bargaining representative for the kindergarten teachers. The dispute centred on the application for approval of the proposed Eatons Hill Community Kindergarten Early Childhood Education Enterprise Agreement 2024. The Commission had to decide whether the agreement met the statutory criteria for approval, including whether it complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues before the Commission included whether the agreement provided for appropriate minimum terms and conditions, such as wages, hours of work, and other employment conditions, and whether it adhered to the prescribed model agreement. The Commission also needed to assess if the agreement was certified by the relevant union and whether it contained any unfair terms that might be contrary to the public interest. Furthermore, the Commission considered whether the agreement appropriately addressed matters such as dispute resolution, parental leave, and other provisions related to the employment of early childhood educators.

The Fair Work Commission found that the proposed agreement complied with the statutory requirements and met the criteria for approval. The agreement included provisions that aligned with the Fair Work Act and the Fair Work Regulations, ensuring appropriate minimum terms and conditions for the kindergarten teachers. The Commission certified that the agreement was made by a registered organisation, and no unfair terms were identified that would undermine the public interest. The agreement was considered comprehensive, covering essential employment matters and providing a fair framework for the employment relationship between the Association and its teachers. The Commission approved the agreement, paving the way for its implementation.

The Commission approved the Eatons Hill Community Kindergarten Early Childhood Education Enterprise Agreement 2024, effective from the date of the Commission's decision. The approval ensures that the agreement will govern the employment terms and conditions of the kindergarten teachers, providing a legally binding framework for their working relationship with the Association.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established