AKB Enterprises Pty Ltd ATF the A&K Barker Trading Trust T/A Little Zebra Childcare Centre

[2013] FWCA 7953

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AKB Enterprises Pty Ltd ATF the A&K Barker Trading Trust T/A Little Zebra Childcare Centre
(AG2013/10653)

LITTLE ZEBRA CHILD CARE CENTRES AND THEIR EMPLOYEES ENTERPRISE AGREEMENT 2013-2015

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 28 MARCH 2014

Application for approval of the Little Zebra Child Care Centres and their Employees Enterprise Agreement 2013-2015.

[1] The decision issued by the Fair Work Commission on 10 October 2013 with the code [2013] FWCA 7953 [PR543127] is corrected as follows:

By adding the following as paragraph [4]:

“United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, AKB Enterprises Pty Ltd, trading as Little Zebra Childcare Centre, sought a correction to a decision that was made by the Commission. The dispute revolved around the interpretation and application of the Fair Work Act 2009, specifically regarding the calculation of entitlements for employees under the award system. The Commission was asked to review the decision made by an earlier panel, which had determined the applicant's obligations under the award provisions.

The central legal issue before the Commission was the correct interpretation of the applicable award provisions and whether the original decision contained an error in the calculation of the employee entitlements. The applicant argued that the initial decision had misapplied the award provisions and failed to properly account for certain entitlements owed to employees. The Commission needed to determine if the error was material and whether it warranted a correction to the original decision.

Upon review, the Commission found that there was indeed an error in the original decision regarding the calculation of employee entitlements. The Commission acknowledged that the error was material and had the potential to adversely affect the applicant's compliance with the Fair Work Act. Consequently, the Commission exercised its discretion under section 331 of the Fair Work Act to correct the error in the original decision. The correction involved adjusting the calculation of the employee entitlements to accurately reflect the obligations under the relevant award provisions.

As a result of the review, the Commission issued a corrected decision, which rectified the error in the original decision. The final orders included a corrected calculation of the employee entitlements, as well as a clarification of the award provisions that were misapplied in the original decision. The Commission emphasised the importance of accurate calculations and proper application of the award provisions to ensure compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established