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v Acacia Avenue Pre-school Assoc Inc and Others [2025] FWC 2695 | Case summary | Zoe

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Home/Cases/[2025] FWC 2695

CTHFWC

v Acacia Avenue Pre-school Assoc Inc and Others [2025] FWC 2695

[2025] FWC 2695

Fair Work Commission|2025-09-11

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General information, not legal advice.

At a glance

Source facts

Court

Fair Work Commission

Decision date

2025-09-11

Source

Original judgment source is linked above.

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Judgment (285 paragraphs)

[1]

v Acacia Avenue Pre-school Assoc Inc and Others [2025] FWC 2695 (11 September 2025)

[2]

[2025] FWC 2695

[3]

Fair Work Act 2009

[4]

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

[5]

Application to extend the 30 day period in relation to B2025/1124.

[6]

[1] This Decision concerns the declaration of the results of 262 protected action ballots, outlined in Annexure A that were conducted in matter B2025/1124 and declared on 15 August 2025.

[7]

[2] Each of these protected action ballots relate to early childhood education employers, listed in Annexure A, that are authorised to bargain together by way of a Single Interest Employer Authorisation[1] (Authorisation) issued by the Fair Work Commission on 3 June 2024 (collectively the Employers).

[8]

[3] The Australian Education Union has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballots.

[9]

[4] Section 459(3) of the Act provides as follows:

[10]

"(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

[11]

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

[12]

[5] The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days from the expiry of the original 30 days.

[13]

[6] The Early Learning Association Australia, which is authorised to act on behalf of each of the Employers, has advised the Commission that it does not object to the application.
[7] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

[14]

[8] Accordingly, pursuant to section 459(3) of the Act, I order that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballots set out in Annexure A and are employed by the relevant Employers, be extended in each case by a further 30 days.

[15]

[9] This order will operate on and from 14 September 2025.

[16]

sigSeal of the FWC with with members signature

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PR789205

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Russell Court Kindergarten And Childrens' Centre Inc.

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Sandhurst Catholic Early Childhood Education And Care Limited

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Balnarring Preschool & Infant Welfare Association Inc.

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PR789393

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Mount Pleasant Road Nunawading Primary School Council

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PR789570

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Northern Darebin Combined Kindergarten Association Inc.

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[1] B2024/235 - PR775629.

[285]

Printed by authority of the Commonwealth Government Printer

Parties

Applicant/Plaintiff:

#

Respondent/Defendant:

Acacia Avenue Pre-school Assoc Inc and Others [2025] FWC 2695

Legislation Cited (1)

Work Act 2009

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