Bright Buttons Kindergarten Currumbin Pty Ltd ATF Finlayson Currumbin Family Trust and Hawkins Currumbin Family Trust T/A Bright Buttons Kindergarten Currumbin

[2013] FWCA 7659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bright Buttons Kindergarten Currumbin Pty Ltd ATF Finlayson Currumbin Family Trust and Hawkins Currumbin Family Trust T/A Bright Buttons Kindergarten Currumbin
(AG2013/8768)

BRIGHT BUTTONS KINDERGARTEN CURRUMBIN ENTERPRISE AGREEMENT 2013-2015

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 2 OCTOBER 2013

Application for approval of the Bright Buttons Kindergarten Currumbin Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Bright Buttons Kindergarten Currumbin Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bright Buttons Kindergarten Currumbin Pty Ltd ATF Finlayson Currumbin Family Trust and Hawkins Currumbin Family Trust T/A Bright Buttons Kindergarten Currumbin. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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), 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 9 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bright Buttons Kindergarten Currumbin Pty Ltd, trading as Bright Buttons Kindergarten Currumbin, filed an application seeking approval of the Enterprise Agreement 2013-2015. The respondents to the application were the employees of the company, represented by the Australian Education Union Queensland Branch. The dispute centred on the terms and conditions of employment within the kindergarten, specifically the wages and working conditions outlined in the proposed enterprise agreement. The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, including its compliance with the "better off overall test" which ensures that employees are not worse off financially under the terms of the agreement. The Commission also needed to assess if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as stipulated by the Act.

The Commission examined the submissions from both parties, focusing on the financial implications of the agreement for the employees. The company argued that the proposed agreement was necessary to maintain the financial viability of the kindergarten, while the union contended that the employees would be worse off under the new terms. After careful consideration, the Commission concluded that the agreement did meet the better off overall test and contained all required minimum terms. The Commission determined that the agreement was made in good faith and was fair and reasonable, thus approving it under section 234 of the Fair Work Act 2009.

As a result of the decision, the Bright Buttons Kindergarten Currumbin Enterprise Agreement 2013-2015 was approved and will now govern the employment conditions for the employees of the company. The agreement will come into effect from the date of the Commission's decision, ensuring that the terms and conditions of employment are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established