Anchi International P/L ATF the Wang & Lin Family Trust T/A Ariel Childcare Centre

[2013] FWCA 5987

FAIR WORK COMMISSION

DECISION

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

Anchi International P/L ATF the Wang & Lin Family Trust T/A Ariel Childcare Centre
(AG2013/7911)

ARIEL CHILDCARE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 23 AUGUST 2013

Application for approval of the Ariel Childcare Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Ariel Childcare Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Anchi International P/L ATF the Wang & Lin Family Trust T/A Ariel Childcare Centre.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 30 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Anchi International P/L ATF the Wang & Lin Family Trust T/A Ariel Childcare Centre applied for approval of the Ariel Childcare Enterprise Agreement 2013. The applicant sought to have the agreement, which was entered into with its employees, approved under the Fair Work Act 2009. The case was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 230 of the Fair Work Act. This required the Commission to determine if the agreement contained the minimum terms and conditions as prescribed by the Act, and whether it was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided for a fair and efficient workplace, and if it complied with the relevant industrial instruments.

In reaching its decision, the Commission examined the provisions of the agreement and found that it contained all the minimum terms and conditions required by the Act. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it provided for a fair and efficient workplace. The Commission also found that the agreement complied with the relevant industrial instruments and did not undermine the system of conciliation and arbitration established by the Act. Based on these findings, the Commission approved the Ariel Childcare Enterprise Agreement 2013.

The Fair Work Commission approved the Ariel Childcare Enterprise Agreement 2013, finding that it met the criteria for approval under the Fair Work Act. The Commission determined that the agreement contained all the minimum terms and conditions, was made in good faith and without coercion, and provided for a fair and efficient workplace. The Commission also found that the agreement complied with the relevant industrial instruments. As a result, the agreement was approved and will now form the basis of the employment conditions for the employees of the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established