Kinderoos Group Pty Ltd Trading AS Culburra Beach Preschool Summary

[2025] FWCA 2314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Kinderoos Group Pty Ltd Trading AS Culburra Beach Preschool

(AG2025/1700)

ENTERPRISE AGREEMENT - KINDEROOS GROUP PTY LTD

Children's services
DEPUTY PRESIDENT CROSS	SYDNEY, 14 JULY 2025

Application for approval of the Enterprise Agreement - Kinderoos Group Pty Ltd

An application has been made for approval of an enterprise agreement known as the Enterprise Agreement - Kinderoos Group Pty Ltd (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kinderoos Group Pty Ltd Trading AS Culburra Beach Preschool. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2025. The nominal expiry date of the Agreement is 21 July 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Kinderoos Group Pty Ltd, trading as Culburra Beach Preschool, and its employees. The dispute centred on the approval of an Enterprise Agreement, which aimed to regulate various aspects of employment, including wages, conditions of work, and other employment terms. The Commission was tasked with assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement fulfilled the necessary criteria for approval, including compliance with the provisions of the Act, and whether it had been made in good faith and without coercion. Specifically, the Commission needed to determine if the agreement was a "certified agreement" as defined by the Act, which requires the agreement to have been made without any improper conduct and to cover all employees within the relevant bargaining unit.

The Fair Work Commission found that the Enterprise Agreement satisfied the statutory requirements for approval. The agreement had been made in good faith, without any improper conduct, and it covered all employees within the bargaining unit. The Commission noted that the agreement contained all the essential terms required by the Act and had been negotiated fairly. Consequently, the Commission approved the agreement, recognising it as a certified agreement under the Fair Work Act.

The Commission’s decision was based on a thorough examination of the negotiation process and the content of the agreement. The Commission concluded that the agreement met all the necessary criteria for approval and was in the best interests of the employees. The final orders of the Commission included the approval of the Enterprise Agreement, which would now regulate the terms and conditions of employment between Kinderoos Group Pty Ltd and its employees.

Kinderoos Group Pty Ltd Trading AS Culburra Beach Preschool

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established