Corkery Family Trust T/A Children First Learning Centres Pty Ltd

[2014] FWCA 1582

FAIR WORK COMMISSION

DECISION

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

Corkery Family Trust T/A Children First Learning Centres Pty Ltd
(AG2013/10537)

SINGLE ENTERPRISE AGREEMENT - CHILDREN FIRST LEARNING CENTRES [CFLC] PTY LTD ABN 47009986547

Children's services
COMMISSIONER BOOTH	BRISBANE, 10 MARCH 2014

Application for approval of the SINGLE ENTERPRISE AGREEMENT - CHILDREN FIRST LEARNING CENTRES [CFLC] PTY LTD ABN 47009986547.

[1] An application has been made for approval of a single enterprise agreement known as the SINGLE ENTERPRISE AGREEMENT - CHILDREN FIRST LEARNING CENTRES [CFLC] PTY LTD ABN 47009986547 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Corkery Family Trust T/A Children First Learning Centres 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] On 4 March 2014 undertakings were provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 March 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Corkery Family Trust trading as Children First Learning Centres Pty Ltd, applied to the Fair Work Commission for the approval of a single enterprise agreement. The respondent, Early Childhood Educators and Carers Australia (ECECA), opposed the application. The dispute centred on the terms of the proposed agreement, which aimed to establish a single enterprise framework for the operation of various childcare centres under the applicants’ control. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided fair and efficient terms and conditions, and if it was appropriately negotiated and in line with the principles of the Act. The Commission also considered whether the agreement adequately protected the rights and interests of the employees, particularly those represented by the respondent union.

The Commission found that the proposed agreement, while generally fair and efficient, contained several provisions that required modification to align with the Act's requirements. The Commission noted that certain terms regarding pay rates, conditions of work, and dispute resolution mechanisms needed to be adjusted to ensure they were equitable for the employees. After negotiating with the parties, the Commission approved the agreement with specific amendments to address the identified concerns. These changes included adjustments to the pay rates and conditions, as well as modifications to the dispute resolution processes.

The Fair Work Commission approved the single enterprise agreement with the stipulated amendments. The applicants were directed to implement the changes within the specified timeframe and to notify all affected employees of the modifications. The Commission emphasised the importance of ensuring that the agreement’s terms were fair and adhered to the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established