Application by Early Learning Association Australia Inc. Trading AS Early Learning Association Australia (ELAA)
Citation: [2026] FWC 2679
At a glance
- Employees affected
- 372
What happened
The Early Learning Association Australia Inc (ELAA), representing several preschools, sought to vary a previous single interest employer authorisation. This authorisation initially covered multiple employers and was extended twice. The ELAA's application aimed to remove 17 existing employers from the scope of the authorisation due to changes in their circumstances, primarily service transfers or closures. Simultaneously, they requested adding two new employers, Camperdown Pre School Association Inc and Yalingbu Yirramboi / The Royal Children’s Hospital School. The Australian Education Union (AEU) and United Workers Union (UWU) supported the application.
What was decided
The Fair Work Commission granted the ELAA's request to vary the single interest employer authorisation. 17 employers will be removed because they no longer have employees covered by the proposed enterprise agreement, due to service transfers or closures. Two new employers, Camperdown Pre School Association Inc and Yalingbu Yirramboi / The Royal Children’s Hospital School, will be added. The Commission was satisfied that all requirements of section 251 of the Fair Work Act were met, including consent from relevant parties and no coercion. This variation allows voting to proceed on a proposed enterprise agreement covering 372 employers.
What it means for employers
Employers should ensure their details remain accurate within single interest employer authorisations. Service transfers or closures require prompt notification to the Fair Work Commission to avoid being inadvertently included in agreements. Maintaining open communication with unions and other bargaining representatives is important during authorisation variations.
What it means for employees
Employees should be aware of changes to employer representation under enterprise agreement authorisations. These changes can affect which employers are covered by the agreement and potentially influence negotiations or voting processes. Affected employees should confirm their coverage status with their union or ELAA.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →