Big Fat Smile Group Pty Ltd

[2013] FWCA 3202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Big Fat Smile Group Pty Ltd
(AG2013/6369)

BIG FAT SMILE GROUP PTY LTD TEACHERS (EARLY CHILDHOOD SERVICES) AGREEMENT 2013

Educational services
COMMISSIONER ROBERTS	SYDNEY, 22 MAY 2013

Application for approval of the Big Fat Smile Group Pty Ltd Teachers (Early Childhood Services) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Big Fat Smile Group Pty Ltd Teachers (Early Childhood Services) Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Big Fat Smile Group Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 20 May 2013 an undertaking was provided by Ms K Coroneos, the Company’s Director Human Resources, in relation to clause 46 (Dispute Settling Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[4] The Independent Education Union of Australia NSW/ACT Branch, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2013. The nominal expiry date of the Agreement is 28 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Fair Work Act Undertaking

WHEREAS:

A: Big Fat Smile Group Ltd (Employer) has applied to the Fair Work Commission (FWC) pursuant to s.185 of the Fair Work Act 2009 (Act) for approval of an enterprise agreement to be known as the Big Fat Smile Teacher’s (Early Childhood Services) Agreement 2013.

B: The FWC has a concern that the requirements in s.186 of the Act have not been met in relation to the Agreement but has indicated that it will accept the following undertaking pursuant to s.190 of the Act as meeting its concerns so that the Agreement may be approved.

PURSUANT to s.190 of the Act, the Employer hereby undertakes that Clause 46 Dispute Settling Procedure of the Agreement shall also apply to any dispute concerning the National Employment Standards.

Date: 20 May 2013

Signed:

Name: Katharine Coroneos

Work Address: Level 1 98 Railway Street

Corrimal NSW 2518

Position/Capacity: Director Human Resources

(A person duly authorised to give this undertaking on behalf of the Employer)

CaseChat Overview and Summary

The applicant, Big Fat Smile Group Pty Ltd, sought approval of the Big Fat Smile Group Pty Ltd Teachers (Early Childhood Services) Agreement 2013 from the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009, which allows the Commission to approve an agreement if it determines that the agreement is appropriate for registration. The agreement, if approved, would apply to employees in the early childhood services sector who are members of the applicant's staff.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it was appropriate for registration. Key aspects of the agreement that were examined included the terms of employment, such as minimum wage rates, penalties for non-compliance, and dispute resolution mechanisms. The Commission also considered whether the agreement provided adequate protections for employees and whether it was likely to promote harmonious, productive, and cooperative workplace relations.

In its decision, the Commission found that the agreement largely complied with the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including minimum wage rates and provisions for penalties in the event of non-compliance. The Commission also found that the agreement contained effective dispute resolution mechanisms and that it provided adequate protections for employees. Overall, the Commission was satisfied that the agreement was appropriate for registration and approved it under section 232 of the Fair Work Act 2009.

The Fair Work Commission approved the Big Fat Smile Group Pty Ltd Teachers (Early Childhood Services) Agreement 2013. The agreement is now registered and applies to the employees covered by the agreement, providing them with the terms and conditions of employment set out in the agreement. The approval of the agreement is expected to promote harmonious, productive, and cooperative workplace relations in the early childhood services sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established