Commercial Lawyers for Childcare Centres

Centre acquisitions, leases, educator employment and contractor terms, parent enrolment agreements, privacy and supplier contracts — for childcare and early learning operators running a regulated business on commercial terms.

Who we help

Common legal issues

Situations we are usually brought in on

• “You are buying a 90-place centre and the vendor wants to settle in six weeks.”

  Settlement is realistically tied to the regulator's approved provider and service approval transfer, landlord consent to the lease assignment and staff transfer. The sale agreement should make those conditions precedent, with a long-stop date and a workable approach to occupancy during the transition.

• “A family leaves owing three months of gap fees and disputes the notice period.”

  Whether you can recover the fees depends on the enrolment agreement: what notice was required, how absences were charged, and whether the terms were properly accepted at enrolment. Terms that are vague on notice rarely support recovery.

• “The landlord will not consent to the lease assignment on sale.”

  Most commercial leases allow the landlord to withhold consent only on reasonable grounds, and retail leasing legislation may add protections. The approach depends on the lease and the state, and delay is expensive when a sale is waiting.

• “An educator claims they were underpaid as a casual over three years.”

  Award classification, casual loading, rostering patterns and casual conversion obligations all feed into the exposure. The contract and the payroll records both matter, and self-reporting to the Fair Work Ombudsman is a decision to make with advice.

• “A parent complains that another family posted photos of their child from a centre event.”

  Media consents, your privacy policy and your social media terms determine your position. Sensitive information about children attracts heightened obligations under the Privacy Act.

• “You want to bring a second operator in as a part-owner of the group.”

  A shareholders agreement covering capital, decision-making, director roles, exits and the treatment of the approved provider role is needed before money changes hands.

FAQs

What is involved legally in buying a childcare centre?

Beyond the usual business purchase steps — sale agreement, due diligence, lease assignment, staff transfer — a childcare purchase depends on the transfer of the service approval to your approved provider entity under the National Law. The sale agreement should make regulatory approvals and landlord consent conditions of settlement and deal with the period between exchange and approval.

Can a childcare centre charge fees when a child is absent?

Generally yes, if the enrolment agreement says so and the terms are clear and not unfair. The Child Care Subsidy has its own rules on allowable absences, which affect what the family pays out of pocket. The enrolment terms should explain the gap fee position plainly.

How much notice can we require before a family withdraws?

Two to four weeks is common. Longer periods are more exposed under the unfair contract terms regime, which applies to standard form consumer contracts. The notice term should be prominent and consistently applied.

Which award covers childcare educators?

Most educators are covered by the Children's Services Award 2010, with early childhood teachers under the Educational Services (Teachers) Award 2020. Classification, casual loading, breaks and rostering rules differ. Contracts should reference the correct award and classification, and payroll should match.

Are relief educators contractors or employees?

Usually employees, often casual, regardless of what the invoice says. Genuine contractor arrangements are possible for specialist program providers who run their own business, but educator roles integrated into your roster are difficult to characterise as contracting.

Do childcare centres have to comply with the Privacy Act?

Most do — either because turnover exceeds $3 million or because they handle health information, which brings smaller organisations within the Act. Information about children is sensitive and attracts higher obligations around collection, consent, security and breach notification.

Do you advise on assessment and rating or service approval issues?

No. Our work is the commercial and employment side of operating a centre. We are happy to work alongside your early childhood regulatory consultant on transactions and disputes where both are relevant.

Related industries

• Education and training overview
• Home care and aged care
• NDIS providers