API Promotions Pty Ltd Summary

[2013] FWCA 7653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

API Promotions Pty Ltd
(AG2013/2782)

API LITTLE CRIBB STREET CHILDCARE CENTRE ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 2 OCTOBER 2013

Application for approval of the API Little Cribb Street Childcare Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the API Little Cribb Street Childcare Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by API Promotions Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

API Promotions Pty Ltd sought approval for the API Little Cribb Street Childcare Centre Enterprise Agreement 2013. The applicants argued that the proposed agreement provided for fair and reasonable terms for the employees working at the childcare centre. The case was heard by the Fair Work Commission.

The legal issues before the Commission involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically if it provided for fair and reasonable terms and conditions for the employees, and if it complied with the procedural requirements. The Commission had to consider if the agreement had been genuinely agreed upon by the parties and if it met the standards of procedural fairness.

The Fair Work Commission found that the proposed agreement did meet the criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees, and that it complied with the procedural requirements. The Commission was satisfied that the agreement had been genuinely agreed upon by the parties and met the standards of procedural fairness. Consequently, the Commission approved the proposed agreement.

API Promotions Pty Ltd's application for the approval of the API Little Cribb Street Childcare Centre Enterprise Agreement 2013 was approved by the Fair Work Commission. The Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees and met the procedural requirements. The Commission was satisfied that the agreement had been genuinely agreed upon by the parties and met the standards of procedural fairness.

API Promotions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established