AJDB Holdings Pty Ltd ATF The AJDB Family Trust T/A Engadine TLC Childcare Centre

[2013] FWCA 7220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AJDB Holdings Pty Ltd ATF The AJDB Family Trust T/A Engadine TLC Childcare Centre
(AG2013/2839)

ENGADINE TLC ENTERPRISE BARGAINING AGREEMENT

Children's services
COMMISSIONER MCKENNA	SYDNEY, 19 SEPTEMBER 2013

Application for approval of the Engadine TLC Enterprise Bargaining Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Engadine TLC Enterprise Bargaining Agreement (“the Agreement”). The application has been made by AJDB Holdings Pty Ltd ATF The AJDB Family Trust T/A Engadine TLC Childcare Centre pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is the fourth anniversary of the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

In the case of AJDB Holdings Pty Ltd ATF The AJDB Family Trust T/A Engadine TLC Childcare Centre, the applicant sought approval for the Engadine TLC Enterprise Bargaining Agreement. The applicant is the employer, and the respondents are the unions representing the employees. The dispute was brought before the Fair Work Commission (FWC), which has the authority to approve enterprise bargaining agreements under the Fair Work Act 2009. The unions argued that the proposed agreement did not meet the 'better off overall test' (BOOT) and that it contained provisions that were contrary to public policy.

The primary legal issues before the Commission were whether the proposed agreement complied with the BOOT and if it contained any provisions that were contrary to public policy. The Commission had to determine whether the agreement provided employees with a fair and reasonable set of terms and conditions, including pay and conditions, compared to what they would have under the relevant award. Additionally, the Commission had to consider if any provisions in the agreement contravened public policy by, for example, allowing for unfair dismissal or unreasonable working conditions.

In delivering its decision, the Commission considered the evidence presented by both parties and analysed the terms of the proposed agreement. The Commission found that the agreement did comply with the BOOT, as it provided employees with better terms and conditions than those provided for under the relevant award. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. The Commission approved the agreement, stating that it met the necessary legal standards and provided a fair and reasonable set of terms and conditions for the employees.

As a result of the Commission's decision, the Engadine TLC Enterprise Bargaining Agreement was approved and is now in effect. The agreement provides the terms and conditions of employment for the employees of the applicant, and both the applicant and the unions are bound by its provisions. The decision confirms the authority of the FWC in approving enterprise bargaining agreements and highlights the importance of ensuring that such agreements meet the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established