Casamaine Investments Pty Ltd T/A Riverleaf Early Learning Centre

[2013] FWCA 7712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Casamaine Investments Pty Ltd T/A Riverleaf Early Learning Centre
(AG2013/9386)

RIVERLEAF EARLY LEARNING CENTRE AND ITS EMPLOYEES AGREEMENT 2013-2015

Educational services
COMMISSIONER BISSETT	BRISBANE, 2 OCTOBER 2013

Application for approval of the Riverleaf Early Learning Centre and its Employees Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Riverleaf Early Learning Centre and its Employees Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 9 October 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

In the matter of Casamaine Investments Pty Ltd, trading as Riverleaf Early Learning Centre, an application was brought before the Fair Work Commission concerning the approval of the Riverleaf Early Learning Centre and its Employees Agreement 2013-2015. The dispute centred around the proposed agreement's provisions, which sought to establish a framework for employment terms and conditions for the centre's staff.

The primary legal issues the Commission had to resolve were whether the agreement complied with the applicable industrial laws and whether it was in the best interest of the employees. This involved assessing whether the agreement adhered to the Fair Work Act 2009 and whether it provided for fair and reasonable terms that safeguarded the employees' rights and interests.

The Commission carefully reviewed the agreement's contents and found that it met the legislative requirements. It was concluded that the agreement provided for fair and reasonable terms, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission approved the agreement, recognising it as a fair and balanced arrangement that served the interests of both the employer and the employees. The approval was granted on the condition that the agreement would be implemented and adhered to by all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established