Fair Work Act 2009

s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Acacia Avenue Pre-School Assoc Inc and 379 other Victorian early childhood education employers

• [1] On 11 July 2025, an application was made by the Australian Education Union (AEU) (the Applicant) pursuant to s. 437 of the Fair Work Act 2009 (Cth) (the Act) for a protected action ballot order in relation to certain employees of 380 employers who are subject to a Single Interest Employer Authorisation (SIEA) issued by the Commission on 3 June 2024.[1] The SIEA has been issued in the context of a proposed multi-enterprise agreement.

• [2] The parties have been bargaining in relation to the Victorian Early Childhood Teachers and Educators Agreement 2024 (Proposed Agreement) to replace the Victorian Early Childhood Teachers and Educators Agreement 2020, Victorian Early Childhood Agreement 2021, Victorian Early Education Agreement 2021, and Victorian One Tree Teachers and Educators' Agreement 2023 (the Agreements) since 13 June 2024.

• [3] Each of the Employers has appointed the Early Learning Association Australia (ELAA) as their bargaining representative.

• [4] On 18 March 2024, the ELAA made an application pursuant to s. 248 for a Single Interest Employer Authorisation. I granted the application on 3 June 2024, which came into operation on that date and remained in operation until 3 June 2025. An application was made on 7 May 2025 to extend the SIEA for a period of twelve months. The parties submitted that there were reasonable prospects the agreement would be made if the SIEA was in operation for a longer period. On 16 May 2025, the SIEA was extended for a further twelve-month period.[2]

• [5] The Commission conducted a s.448A compulsory conference on 12 August 2025. In preparation for the conference the parties submitted a list of 68 matters that they say are outstanding claims that are yet to be resolved. At the conclusion of the conference, I expressed a view about the significant number of unresolved claims and the length of time it was taking to resolve those claims, which I perceive to be largely due to the complexity of the negotiations and number of parties involved. Subsequently, I made the following recommendation to assist the parties in focussing their attention to the resolution of specific claims:

1. The Parties are to meet within 7 days but no later than 19 August 2025 to discuss item number 3, Teacher Capability Assessment, in the Outstanding Bargaining Matters document dated 4 August 2025 filed in this matter. The parties should attempt to reach an agreement on the proposed framework for the eligibility requirements that shall apply for a teacher progression. I have formed the view that the parties would benefit from participating in a facilitated process in order to resolve the claim and develop an agreed process.

1. At the next scheduled bargaining meeting it is recommended that the parties discuss with the view to resolving the outstanding claims pertaining to Workload and Related Matters (including minimum engagement, Rostering and Higher duties) as set out at items 27 to 45 of the Outstanding Bargaining Matters document. Again, due to the volume of work related to this item, I have formed the view that the parties would benefit from facilitated discussions.

• [6] Further due to the complexity of the negotiations, the lengthy negotiations to date and the significant number of employers involved, I recommend the parties consider engaging in a facilitated process to assist with resolving the large volume of outstanding claims in a timely manner.

[1] PR775629.

[2] PR787344.

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