Evolve Early Learning secures order extending ECEC multi-employer agreement coverage

The Fair Work Commission (FWC) has granted a joint application seeking to extend coverage of the Early Childhood Education and Care Multi-Employer Agreement 2024–2026 to employees engaged following the transfer of Evolve Early Learning and Kindergarten to a new operator.

The decision, handed down by Commissioner Panopoulos on 7 September 2026, ensures employees performing the same work at the Victorian early learning service can be covered by the same industrial instrument.

The application was jointly made by Cckj Pty Ltd, trading as Evolve Early Learning and Kindergarten, and the United Workers Union (UWU).

Evolve Early Learning and Kindergarten was transferred from its former operator, C.L. Savage and J.L. Tidd, to Cckj Pty Ltd on 9 October 2025.

Employees who transferred with the business continued to be covered by the Early Childhood Education and Care Multi-Employer Agreement 2024–2026.

However, employees who did not transfer with the business, including people subsequently engaged by the new operator to perform the same work, would otherwise be covered by the Children’s Services Award 2010.

This created the potential for two groups of employees performing the same work at the same service under different pay and employment conditions.

Cckj Pty Ltd and the UWU jointly applied under section 319 of the Fair Work Act 2009 for the multi-employer agreement to also cover non-transferring employees performing, or likely to perform, the transferred work.

In deciding whether to make the order, the Commission was required to consider whether affected employees would be disadvantaged.

The applicants submitted that non-transferring employees would be better off under the multi-employer agreement and would receive less favourable terms and conditions if they remained covered by the Children’s Services Award.

Commissioner Panopoulos accepted that the employees would not be disadvantaged by the proposed order. Rather, they could be disadvantaged if they continued to work under Award conditions.

Both the employer and the UWU supported the application, and the Commission was told that the affected employees also supported the change.

The Commission also considered the effect that two employment instruments could have on workplace productivity.

The applicants argued that productivity could be negatively affected if employees performing the same work were divided into two groups, with non-transferring employees receiving significantly lower remuneration and less favourable conditions.

Commissioner Panopoulos accepted that covering employees performing the same work under significantly different industrial instruments could affect productivity.

Bringing the employees under the same agreement would also provide greater consistency across the service’s employment arrangements.

Access to the Australian Government’s Early Childhood Education and Care Worker Retention Payment was central to the application.

Cckj Pty Ltd submitted that it would be unable to access the retention payment for non-transferring employees if those employees remained covered by the Children’s Services Award.

This would leave the provider with a choice between paying the lower Award rates, which it said would make it more difficult to recruit and retain employees, or funding the higher multi-employer agreement rates from its own resources.

The Commission accepted that this would result in a significant economic disadvantage for the provider and found that the consideration weighed in favour of granting the application.

The applicants submitted that extending the agreement’s coverage was also in the public interest because it would:

• extend the benefit of the Australian Government’s investment in the ECEC workforce to a broader group of eligible employees;
• prevent employees performing the same work from receiving significantly different rates of pay; and
• enable the provider to access the Worker Retention Payment for relevant employees.

Commissioner Panopoulos accepted these submissions and determined that the public-interest consideration supported making the order.

The Commission also considered the agreement’s nominal expiry date of 30 November 2026 and noted that bargaining for a replacement agreement had not commenced. This was treated as a neutral factor.

After considering the views of the parties, employee disadvantage, productivity, economic impact, workplace arrangements and the public interest, Commissioner Panopoulos found that the statutory considerations supported making the requested order.

A separate formal order will be issued to give effect to the decision.

The ruling highlights an important industrial-relations consideration for approved providers acquiring or taking over an early childhood education and care service.

Although an enterprise or multi-employer agreement may continue to cover employees who transfer with a business, it may not automatically extend to employees later engaged by the new operator.

Without an appropriate Fair Work Commission order, providers could face different pay and conditions for employees performing the same work, along with possible implications for recruitment, retention and access to the ECEC Worker Retention Payment.

Read the full FairWork decision here.