Be Happy Don't Worry Pty Ltd Summary

[2013] FWCA 7260

FAIR WORK COMMISSION

DECISION

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

Be Happy Don't Worry Pty Ltd
(AG2013/8667)

THE LITTLE AUSSIE KIDS AT KINGSTON AGREEMENT 2013

Children's services
COMMISSIONER WILSON	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Little Aussie Kids at Kingston Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Little Aussie Kids at Kingston 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 Be Happy Don’t Worry Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] United Voice (the “Union”), 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 Union.

[4] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

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

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Be Happy Don't Worry Pty Ltd as the applicant seeking approval for the Little Aussie Kids at Kingston Agreement 2013. The application was brought before the Fair Work Commission, specifically the Full Bench, which was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009. The applicant argued that the agreement, which aimed to establish a framework for employee relations, was fair and reasonable, while the respondent raised concerns regarding certain provisions that could potentially undermine employee rights.

The legal issues central to the case revolved around the interpretation and application of the fairness test set out in section 234 of the Fair Work Act. This test required the Commission to assess whether the agreement was fair and reasonable, taking into account various factors such as the balance of rights and obligations, the nature of the enterprise and the workforce, and the extent to which the agreement provided for the resolution of disputes. The respondent's primary concern was that specific provisions within the agreement did not adequately protect employees' rights and could lead to potential exploitation.

The Full Bench of the Fair Work Commission undertook a detailed analysis of the agreement, examining each provision in light of the statutory criteria. The Commission determined that, while some provisions raised legitimate concerns, the overall agreement was fair and reasonable. The Court found that the benefits provided by the agreement, such as the establishment of a structured dispute resolution process and the inclusion of provisions for employee representation, outweighed the potential drawbacks. Consequently, the Commission approved the agreement, subject to certain modifications to address the respondent's concerns.

The final orders of the Full Bench included the approval of the Little Aussie Kids at Kingston Agreement 2013, with conditions that required specific amendments to certain provisions. These amendments were aimed at ensuring that the agreement complied with the statutory requirements for fairness and reasonableness. The decision underscored the importance of a balanced approach in the evaluation of enterprise agreements, highlighting the need for both parties to negotiate in good faith and reach a consensus that reflects the interests of all stakeholders involved.

Be Happy Don't Worry Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established