Application by Twinkle Tots Cottage Pty Ltd,Application by Aspire Early Education & Kindergarten Butler Pty Ltd,Application by Aspire Early Education & Kindergarten Lollipophill Pty Ltd Trading AS Aspire Lollipop Hill, Manor Lakes Childcare Centre
Citation: [2026] FWCA 1799
At a glance
- Employees affected
- 46100
What happened
This case involves six applications from Twinkle Tots Cottage Pty Ltd, Aspire Early Education & Kindergarten Butler Pty Ltd, Aspire Early Education & Kindergarten Lollipophill Pty Ltd (trading as Aspire Lollipop Hill), and Manor Lakes Childcare Centre to add themselves and their employees to the Early Childhood Education and Care Multi-Employer Agreement 2024–2026. The applications were supported by the United Workers’ Union (UWU) and sought approval under section 216AA of the Fair Work Act 2009. These followed previous batches of similar applications approved in January and March 2025, which covered a total of approximately 33 and 136 variations respectively.
What was decided
The Commissioner Hampton has approved all six applications to add the Applicant employers and their employees to the Early Childhood Education and Care Multi-Employer Agreement 2024–2026. The decision was made after considering evidence that demonstrated agreement with the relevant employees, compliance with legal requirements, and a lack of serious public interest concerns or potential breaches of law. The variations will take effect from July 16, 2026, and now cover approximately 541 employers and 46,100 employees.
What it means for employers
Employers seeking to join existing enterprise agreements must ensure they follow the correct procedures for employee consultation and agreement. Providing clear explanations of the variation's terms and effect is crucial. The Commission will consider whether a genuine intention exists to avoid single-enterprise agreements when approving variations.
What it means for employees
Employees should be aware of their rights regarding variations to enterprise agreements, including the right to receive clear information about the changes and participate in voting processes. Union support can play an important role in these negotiations.
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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 →