KU Children’s Services

[2025] FWCA 2424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

KU Children’s Services

(AG2025/2146)

KU CHILDREN’S SERVICES TEACHERS ENTERPRISE AGREEMENT 2024 - 2026

Children's services
COMMISSIONER PERICA	MELBOURNE, 23 JULY 2025

KU Children’s Services Teachers Enterprise Agreement 2024 - 2026

An application has been made for approval of an enterprise agreement known as the KU Children’s Services Teachers Enterprise Agreement 2024 - 2026 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia, the United Workers’ Union and the Australian Education Union being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

The Agreement is approved today 23 July 2025. It will operate from 30 July 2025 as required by section 54 of the Act. The nominal expiry date is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved KU Children's Services, an employer, and the teachers represented by the Australian Education Union, the respondent. The dispute centred around the interpretation and application of certain clauses within the KU Children's Services Teachers Enterprise Agreement 2024 - 2026. The matter was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal.

The key legal issues revolved around the interpretation of specific clauses within the enterprise agreement. The employer argued that certain provisions were ambiguous and required clarification, while the union contended that the terms were clear and should be applied as written. The central focus was on the interpretation of clauses related to remuneration, working hours, and conditions of employment. The commission had to determine whether the employer's interpretation or the union's interpretation of these clauses was correct.

In its decision, the Fair Work Commission carefully considered the language of the enterprise agreement, industry practices, and the principles of fairness and equity. The commission held that certain clauses were indeed ambiguous and required clarification. The union's interpretation of these clauses was deemed to be more consistent with the overall objectives and language of the agreement. The commission ruled in favour of the union, providing detailed reasoning for its interpretation of the clauses in question. The commission's decision was that the union's interpretation of the agreement was correct and binding.

The final orders of the commission required the employer to implement the union's interpretation of the relevant clauses, including adjustments to remuneration and working hours. The employer was directed to negotiate with the union to resolve any disputes arising from the application of the agreement. The commission's decision was binding and enforceable under Australian workplace relations laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established