austlii:cth/FWCA/2026/323
General information, not legal advice.
FWCA
2026-02-11
Original judgment source is linked above.
s.185 - Enterprise agreement
LANDSBOROUGH KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2025
Application for approval of the Landsborough Kindergarten Early Childhood Education Collective Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Landsborough Kindergarten Early Childhood Education Collective Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia (the Applicant). The Agreement is a single enterprise agreement.
[2] I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.
[3] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[5] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Educational Services (Teachers) Award 2020, the Children's Services Award 2010 and the Clerks - Private Sector Award 2020 is taken to be a term of the Agreement.
[6] 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.
[7] The Agreement is approved and in accordance with s.54 of the Act, will operation from 18 February 2026. The nominal expiry date of the Agreement is 31 December 2027.
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