Geebung Kindergarten & Pre School Assoc Ltd Summary

[2025] FWCA 2758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geebung Kindergarten & Pre School Assoc Ltd

(AG2025/2503)

GEEBUNG KINDERGARTEN AND PRESCHOOL ASSOC INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER SIMPSON	BRISBANE, 19 AUGUST 2025

Application for approval of the Geebung Kindergarten and Preschool Assoc Inc Early Childhood Education Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Geebung Kindergarten and Preschool Assoc Inc Early Childhood Education Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geebung Kindergarten & Pre School Assoc Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Educational Services (Teachers) Award 2020 and the Children’s Services Award 2010 are taken to be terms of the Agreement.

The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Geebung Kindergarten and Preschool Assoc Inc, the applicant sought approval for the Early Childhood Education Enterprise Agreement 2025. The dispute arose as the applicant aimed to secure the agreement's approval to regulate the terms and conditions of employment for the kindergarten staff. The Fair Work Commission was the court responsible for adjudicating on the matter.

The primary legal issues before the Commission were whether the proposed agreement met the requirements under the Fair Work Act 2009, including whether it provided for minimum entitlements, and whether it was appropriately certified as a simple, single-enterprise agreement. Additionally, the Commission had to consider if the agreement was procedurally sound, ensuring that it was fairly made and free from any improper conduct.

The Commission found that the agreement satisfied the statutory requirements under the Fair Work Act, including the provision of minimum entitlements. The proposed agreement was certified as a simple, single-enterprise agreement, and it was deemed to be fairly made. The Commission concluded that the applicant had followed the correct procedures in negotiating and finalising the agreement. As a result, the Commission approved the Geebung Kindergarten and Preschool Assoc Inc Early Childhood Education Enterprise Agreement 2025.

The Fair Work Commission granted approval for the Early Childhood Education Enterprise Agreement 2025. This decision confirmed that the proposed agreement was in compliance with the Fair Work Act and that it provided for the minimum entitlements of the kindergarten staff. The Commission's approval of the agreement ensures that the terms and conditions of employment for the staff are regulated, providing a stable and fair working environment.

Geebung Kindergarten & Pre School Assoc Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established