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Attempt to terminate kindy agreement thwarted

28 August, 2026

Our union has successfully prevented an employer from terminating a kindergarten’s collective agreement after arguing against the move before a Full Bench of the Fair Work Commission (FWC).

The Mareeba Community Kindergarten’s volunteer executive management committee (the employer) had applied to the FWC to axe the agreement, arguing it posed a “significant threat” to the kindergarten’s viability due to increasing labour costs, especially “atypical” leave payments made to staff during school holidays.

The employer argued the agreement should be terminated and replaced with the modern national awards, which they said would provide financial relief.

The 2022 agreement (which remained in force) was approved without our union being covered by the agreement, although previous agreements prior to this were negotiated with the IEU and legacy conditions are a direct result of our union’s advocacy.

After hearing evidence, the Full Bench determined the kindy’s financial woes could not be attributed to the agreement.

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