Blue Gum Early Learning & Child Care Centre Incorporated

[2013] FWCA 7933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blue Gum Early Learning & Child Care Centre Incorporated
(AG2013/9600)

BLUE GUM EARLY LEARNING & CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013 - 2017

Children’s services
COMMISSIONER WILLIAMS	PERTH, 10 OCTOBER 2013

Application for approval of the Blue Gum Early Learning & Child Care Centre Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Blue Gum Early Learning & Child Care Centre Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blue Gum Early Learning & Child Care Centre Incorporated. The Agreement is a single-enterprise agreement.

[2] 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] United Voice, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2013. The nominal expiry date of the Agreement is 10 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Blue Gum Early Learning & Child Care Centre Incorporated lodged an application with the Fair Work Commission seeking approval of the Blue Gum Early Learning & Child Care Centre Enterprise Agreement 2013 - 2017. The applicants, being the employer, sought approval of the proposed enterprise agreement. The respondents, being the employees, did not object to the approval of the agreement, however, they made submissions regarding the provisions of the proposed agreement. The matter was heard by the Fair Work Commission and the decision was handed down on 13 February 2014.

The legal issues before the Fair Work Commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the agreement met the requirements for approval under the Fair Work Regulations 2009. The Commission considered whether the agreement provided for terms and conditions that met the "better off overall test" and whether it contained all the prescribed terms and conditions as required by the Fair Work Act. The Commission also considered the submissions made by the respondents regarding certain provisions of the agreement.

The Fair Work Commission found that the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The Commission found that the agreement met the "better off overall test" and contained all the prescribed terms and conditions. The Commission noted that the respondents did not object to the approval of the agreement but made submissions regarding certain provisions. The Commission considered the submissions and found that the provisions in question did not breach any provisions of the Fair Work Act or the Fair Work Regulations. The Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Blue Gum Early Learning & Child Care Centre Enterprise Agreement 2013 - 2017. The Commission found that the agreement met all the requirements for approval under the Fair Work Act and the Fair Work Regulations. The agreement was approved on 13 February 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established