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austlii:cth/FWCA/2025/2354
General information, not legal advice.
FWCA
2025-07-16
Original judgment source is linked above.
s.185 - Enterprise agreement
HOME HILL COMMUNITY KINDERGARTEN ENTERPRISE AGREEMENT 2024
Application for approval of the Home Hill Community Kindergarten Enterprise Agreement 2024
[1] 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.
[2] 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.
[3] 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.
[4] 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.
[5] 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.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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