Butterfly Childcare Pty Ltd Summary

[2013] FWCA 6378

FAIR WORK COMMISSION

DECISION

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

Butterfly Childcare Pty Ltd
(AG2013/2468)

BUTTERFLY CHILDCARE PTY LTD ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 30 AUGUST 2013

Application for approval of the Butterfly Childcare Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Butterfly Childcare Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Butterfly Childcare Pty Ltd.

[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 6 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Butterfly Childcare Pty Ltd, the applicant, sought approval for its Enterprise Agreement 2013 from the Fair Work Commission. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically focusing on whether the agreement met the statutory requirements for approval. The respondent, the employees' representative, raised objections to certain provisions of the agreement.

The primary legal issues before the court were whether the agreement contained mandatory terms as required by the Fair Work Act, and whether it was genuinely negotiated between the parties. The court also had to consider whether the agreement was in the best interests of the employees and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the agreement did not include all mandatory terms required by the Fair Work Act. It also determined that the agreement was not genuinely negotiated as the employer had not engaged in meaningful discussions with the employees' representative. The court emphasised the importance of genuine negotiation and the inclusion of all mandatory terms in an enterprise agreement. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the application for approval of the Butterfly Childcare Pty Ltd Enterprise Agreement 2013 be dismissed and directed the parties to engage in further negotiations to ensure the agreement met all legal requirements. The court emphasised the necessity for genuine negotiation and compliance with statutory obligations in future agreements.

Butterfly Childcare Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established