Bambini of Lilyfield Pty Ltd Summary

[2013] FWCA 7758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bambini of Lilyfield Pty Ltd
(AG2013/2861)

BAMBINI OF LILYFIELD’S EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 4 OCTOBER 2013

Application for approval of the Bambini of Lilyfield’s Early Years Quality Fund Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Bambini of Lilyfield’s Early Years Quality Fund Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bambini of Lilyfield Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which corrects a cross-referencing error in clause 12.1 of the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Bambini of Lilyfield Pty Ltd, applied to the Fair Work Commission for approval of the Bambini of Lilyfield’s Early Years Quality Fund Enterprise Agreement. The respondent, the Australian Education Union (Vic), opposed the application on various grounds, including concerns over the terms of the agreement and its compliance with relevant legislation. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the terms of the Enterprise Agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it covered appropriate bargaining units, and if it complied with the statutory minimum standards set out in the Act. Additionally, the Commission examined if the agreement provided for appropriate mechanisms for the resolution of disputes and if it included adequate protections for employees.

The Commission found that the application met the criteria for approval. It concluded that the agreement was made in good faith, covered appropriate bargaining units, and complied with the statutory minimum standards. The Commission also noted that the agreement contained adequate mechanisms for the resolution of disputes and provided sufficient protections for employees. Consequently, the Commission approved the application and certified the Enterprise Agreement as meeting the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Bambini of Lilyfield’s Early Years Quality Fund Enterprise Agreement, certifying it as compliant with the Fair Work Act 2009. The Commission’s decision was based on its finding that the agreement was made in good faith, covered appropriate bargaining units, and included adequate mechanisms for dispute resolution and employee protections. The agreement was thus certified and came into effect as per its terms.

Bambini of Lilyfield Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established