Childcare Management (Aust) Pty Ltd T/A Greenwood Early Education Centres

[2014] FWCA 730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Childcare Management (Aust) Pty Ltd T/A Greenwood Early Education Centres
(AG2013/12897)

GREENWOOD EARLY EDUCATION CENTRES ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 JANUARY 2014

Application for approval of the Greenwood Early Education Centres Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Greenwood Early Education Centres Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Childcare Management (Aust) Pty Ltd T/A Greenwood Early Education Centres. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2014. The nominal expiry date of the Agreement is four years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Childcare Management (Aust) Pty Ltd, trading as Greenwood Early Education Centres, applied to the Fair Work Commission for approval of their Enterprise Agreement 2013. The application arose due to disputes over the terms and conditions of employment, particularly concerning the classification and remuneration of employees within the company. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement satisfied the 'better off overall test' (BOOT), a criterion under section 230 of the Fair Work Act. The Commission had to assess whether the agreement would provide employees with a minimum 5% increase in wages and conditions compared to the relevant award or existing enterprise agreement. Further, the Commission considered the fairness of the agreement, including the adequacy of consultation processes between the employer and the employees' representatives.

In its decision, the Commission found that the Greenwood Early Education Centres Enterprise Agreement 2013 met the BOOT and was therefore fair and reasonable. The Commission noted the employer's efforts to enhance employee conditions, including increased wages and improved work-life balance provisions. Additionally, the Commission acknowledged the consultation process as comprehensive, with the employer engaging adequately with employee representatives. Consequently, the Commission approved the agreement, paving the way for its implementation within the organisation.

The final order of the Commission was that the Greenwood Early Education Centres Enterprise Agreement 2013 be approved and registered, effective from the date of the decision. This approval signified the agreement's compliance with the statutory requirements and its suitability for application within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established