Wynnum Manly Community Kindergarten Assoc Inc Summary

[2025] FWCA 2110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wynnum Manly Community Kindergarten Assoc Inc

(AG2025/1880)

WYNNUM MANLY COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER SIMPSON	BRISBANE, 27 JUNE 2025

Application for approval of the Wynnum Manly Community Kindergarten Early Childhood Education Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Wynnum Manly Community Kindergarten Early Childhood Education Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wynnum Manly Community Kindergarten Assoc Inc (the Applicant). The Agreement is a single enterprise agreement.

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

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

Wynnum Manly Community Kindergarten Association Incorporated sought approval of an early childhood education enterprise agreement. The matter was heard in the Fair Work Commission. The applicant argued that the agreement was fair and appropriate, and should be approved as a safety net agreement. The respondent, Queensland Kindergarten Union, opposed the application, contending that the agreement contained terms and conditions that were not fair and appropriate.

The central legal issue was whether the agreement satisfied the requirements of section 231 of the Fair Work Act 2009, particularly in relation to whether it provided for fair and appropriate terms and conditions. The court had to consider whether the agreement was in the interests of fairness and equity, and whether it complied with the legislative standards set out in the Act.

The Fair Work Commission found that the agreement provided for fair and appropriate terms and conditions for the employees of the applicant. The Commission concluded that the agreement was in the interests of fairness and equity, and met the requirements of the Fair Work Act. The Commission approved the agreement as a safety net agreement.

No additional orders were made. The Commission's decision was that the Wynnum Manly Community Kindergarten Early Childhood Education Enterprise Agreement 2024 should be approved as a safety net agreement.

Wynnum Manly Community Kindergarten Assoc Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established