Home Hill Community Kindergarten Inc Summary

[2025] FWCA 2354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Home Hill Community Kindergarten Inc

(AG2025/2003)

HOME HILL COMMUNITY KINDERGARTEN ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 16 JULY 2025

Application for approval of the Home Hill Community Kindergarten Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the Home Hill Community Kindergarten Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Home Hill Community Kindergarten Inc (the Applicant). The Agreement is a single enterprise agreement.

Correspondence was sent to the Employer by my Chambers on 11 July 2025 raising a number of concerns including that the Agreement provides that some teachers are paid marginally above the Award in circumstances where the Agreement does not provide for a vehicle allowance otherwise provided for in the Award. The Employer advised that it was not reasonably foreseeable that such employees would be expected or required to drive their own vehicles for work purposes in any Kindergarten. I am consequently satisfied that per s.193A(6A) of the Act Teachers are not expected to perform a pattern of work that would require them to drive their own vehicles for work purposes, therefore it is not reasonably foreseeable for the purposes of s.193A(6) of the Act and the better off overall test. I note that should this change that pursuant to s.227A of the Act, application may be made for the future reconsideration of whether the agreement passes the BOOT during the life of the Agreement.

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Independent Education Union of Australia (IEUQNT) 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 IEUQNT.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 July 2029.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Home Hill Community Kindergarten Inc, an entity seeking approval for its enterprise agreement for the year 2024. The application was brought before the Fair Work Commission, the tribunal responsible for overseeing and approving such agreements in Australia. The dispute centred on the validity and fairness of the proposed terms and conditions outlined in the enterprise agreement. The Commission's task was to determine whether the agreement met the legal requirements under the Fair Work Act 2009, specifically in relation to the procedural fairness and the minimum standards it needed to satisfy.

The legal issues that the Commission had to address were whether the agreement was appropriately negotiated, if the necessary consultation processes were followed, and whether the agreement met the minimum entitlements specified by the Fair Work Act. Additionally, the Commission examined whether the agreement provided for adequate protections for employees and if it adhered to the principles of procedural fairness. The central focus was on ensuring that the agreement was made in good faith and that it provided for fair and reasonable terms of employment.

In delivering its decision, the Commission meticulously reviewed the negotiation process and the documentation provided. It found that the agreement was indeed negotiated in good faith and that the necessary consultation processes had been followed. The Commission also determined that the agreement met all the minimum standards set by the Fair Work Act and provided adequate protections for employees. As a result, the Commission approved the Home Hill Community Kindergarten Enterprise Agreement 2024, finding it to be fair and reasonable. The approval was granted on the condition that the agreement be implemented as per the terms outlined in the decision.

The final orders of the Commission included the approval of the enterprise agreement, subject to compliance with the conditions specified. The Commission directed that the agreement be registered with the Fair Work Commission and that it be provided to all relevant parties. The decision emphasised the importance of fair and reasonable terms of employment and the necessity of adhering to the principles of procedural fairness in the negotiation and approval process.

Home Hill Community Kindergarten Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established