All Kids Childcare Services Pty Ltd Summary

[2013] FWCA 6918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Kids Childcare Services Pty Ltd
(AG2013/9222)

ALL KIDS CHILDCARE SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER ROBERTS	SYDNEY, 17 SEPTEMBER 2013

Application for approval of the All Kids Childcare Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the All Kids Childcare Services Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by All Kids Childcare Services Pty Ltd. 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 as is relevant to this application for approval has been met.

[3] The United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2013. The nominal expiry date will be 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

All Kids Childcare Services Pty Ltd, an early childhood services provider, applied to the Fair Work Commission for approval of the All Kids Childcare Services Pty Ltd Enterprise Agreement 2013. The application was made under section 234 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for childcare workers, including wages, hours of work, and leave entitlements.

The legal issues before the court included whether the agreement met the requirements for 'bargaining representative agreement' under section 174 of the Fair Work Act 2009 and whether it provided for 'better off overall' for the employees. The court also had to consider whether the agreement was made in good faith and if it contained terms that were not contrary to public policy.

The Fair Work Commission found that the agreement satisfied all the legal requirements for approval. The agreement provided for the necessary minimum terms, was made in good faith, and the employees were better off overall. The court noted the detailed bargaining process and the fairness of the terms negotiated, which aligned with the legislative framework and public policy. The application for approval was subsequently granted.

All Kids Childcare Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established