Bright Beginnings Pty Ltd atf the Janelle Family Trust T/A Bright Beginnings Child Educare Centre

[2013] FWCA 4367

FAIR WORK COMMISSION

DECISION

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

Bright Beginnings Pty Ltd atf the Janelle Family Trust T/A Bright Beginnings Child Educare Centre
(AG2013/6824)

BRIGHT BEGINNINGS CHILD EDUCARE CENTRE AND UNITED VOICE "BIG STEPS" ENTERPRISE AGREEMENT 2013-2015

Children's services
COMMISSIONER BOOTH	BRISBANE, 5 JULY 2013

Application for approval of the Bright Beginnings Child Educare Centre and United Voice "Big Steps" Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single enterprise agreement known as the Bright Beginnings Child Educare Centre and United Voice "Big Steps" Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bright Beginnings Pty Ltd atf the Janelle Family Trust T/A Bright Beginnings Child Educare Centre.

[2] On the basis of the material before me, 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] The 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 12 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Bright Beginnings Pty Ltd atf the Janelle Family Trust T/A Bright Beginnings Child Educare Centre sought approval for the United Voice "Big Steps" Enterprise Agreement 2013-2015, which was to apply to its employees. The application was brought before the Fair Work Commission, with United Voice acting as the relevant union. The dispute centred on whether the agreement was fit for purpose and whether it complied with the relevant statutory provisions.

The primary legal issue before the Commission was whether the agreement met the criteria set out in section 230 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the terms and conditions of employment of the employees in a manner that was fair and appropriate, taking into account the public interest and the need for workplace flexibility and productivity. Another key issue was whether the agreement had been appropriately negotiated and whether it adequately addressed the interests of both the employer and the employees.

In determining the application, the Commission considered various factors, including the bargaining positions of the parties, the nature of the enterprise, and the specific terms of the agreement. The Commission found that the agreement was fair and appropriate, as it balanced the interests of both the employer and the employees, and it provided for adequate workplace flexibility and productivity. The Commission also found that the agreement had been negotiated in good faith and that it complied with the statutory requirements. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the United Voice "Big Steps" Enterprise Agreement 2013-2015, finding it to be fair and appropriate for the employees of Bright Beginnings Pty Ltd atf the Janelle Family Trust T/A Bright Beginnings Child Educare Centre. The Commission's decision was based on its assessment that the agreement adequately balanced the interests of both the employer and the employees, provided for workplace flexibility and productivity, and complied with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established