Fair Work Commission & Legal Defence Fund Levy

Supporting Members Through Industrial and Legal Challenges

The Fair Work Commission & Legal Defence Fund Levy was established to ensure ACA NSW can continue representing members in significant industrial relations and legal matters while keeping annual membership fees as affordable as possible.

Why was the Levy introduced?

In 2014, one of the unions lodged an application with the Fair Work Commission seeking wage increases of 39% to 72% for educators.

Had the application been successful, NSW early childhood education and care providers—and ultimately families—would have faced an estimated $939 million to $1.9 billion in additional labour costs.

Following four years of proceedings, the Fair Work Commission ruled against the union's application in 2018.

Since then, there have been several further industrial matters affecting the sector, including:

• 2018 – IEU Equal Remuneration Order application relating to the Educational Services (Teachers) Award
• 2023 – Fair Work Commission Gender-based Undervaluation Review relating to the Children's Services Award
• 2024 – Fair Work Commission Early Childhood Education and Care Supported Bargaining Agreement

Throughout these matters, ACA has been the only peak body representing small-to-medium early childhood education and care providers before the Fair Work Commission.

Why is the Fund important?

Representing members in complex industrial and legal proceedings requires significant legal expertise and resources.

Rather than increasing general membership fees, ACA NSW established the Fair Work Commission & Legal Defence Fund Levy to ensure funding is available for both current and future legal matters that protect members' interests.

This enables ACA NSW to continue providing strong employer representation while maintaining affordable membership fees.

How does the Levy work?

Since 2018, members have contributed a $100 annual levy towards the Fair Work Commission & Legal Defence Fund.

The levy is governed by the following principles:

• Funds are used exclusively for Fair Work Commission matters and other relevant legal activities undertaken on behalf of ACA NSW members.
• All levy contributions are held in a dedicated bank account separate from general operating funds.
• A report on the Fund is published annually as part of the ACA NSW Annual Report.
• Should the Fund cease to operate, all remaining contributions will be returned to contributing members.

Financial Hardship

ACA NSW recognises that members may experience financial hardship.

Where this occurs, alternative payment arrangements or a waiver of the levy may be considered. Members experiencing financial hardship are encouraged to contact ACA NSW confidentially to discuss the available options.

Frequently Asked Questions

Who pays the levy?

The levy applies to ACA NSW members and is $100 per year.

What is the levy used for?

The levy funds ACA NSW's legal representation and advocacy in Fair Work Commission proceedings and other relevant legal matters affecting members.

Is the money kept separately?

Yes. All levy contributions are held in a dedicated bank account and are used solely for Fair Work Commission and legal defence activities.

How is the Fund reported?

The Fund is reported annually through the ACA NSW Annual Report, providing transparency on its operation.

What happens if the Fund is no longer required?

If the Fund ceases to operate, any remaining balance will be returned to contributing members.

What if I am experiencing financial hardship?

Members facing financial hardship should contact ACA NSW. Alternative payment arrangements, including a waiver, may be available.