Damat Investments Pty Ltd T/A Iddy Biddy Kids

[2013] FWCA 7730

FAIR WORK COMMISSION

DECISION

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

Damat Investments Pty Ltd T/A Iddy Biddy Kids
(AG2013/9224)

IDDY BIDDY KIDS ENTERPRISE AGREEMENT 2013

Children's services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 OCTOBER 2013

Application for approval of the Iddy Biddy Kids Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Iddy Biddy Kids 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 Damat Investments Pty Ltd T/A Iddy Biddy Kids. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“The EBA outlines staff hourly rates based on the Children’s Services Award 2010 with the Early Years Quality Fund wages schedule acting as the wage increase.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Damat Investments Pty Ltd, trading as Iddy Biddy Kids, applied to the Fair Work Commission for approval of the Iddy Biddy Kids Enterprise Agreement 2013. The application involved the dispute between the employer and the employees represented by the Retail and Fast Food Workers Union. The primary concern was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The court had to consider if the agreement contained all the mandatory terms, if it was made in good faith, and if it was fairly negotiated.

The key legal issues addressed by the court were whether the agreement complied with the statutory provisions for enterprise agreements, specifically regarding the inclusion of all mandatory terms and the process of negotiation. The court also had to determine if the agreement was made in good faith and whether the process of negotiation was fair. Additionally, the court examined whether the agreement appropriately reflected the needs and interests of both the employer and the employees.

The court found that the agreement contained all the mandatory terms and was made in good faith. It was satisfied that the negotiation process was fair and appropriate, taking into account the unique circumstances of the enterprise. The court approved the agreement, noting that it balanced the interests of the employer and the employees effectively. The final orders confirmed the approval of the Iddy Biddy Kids Enterprise Agreement 2013, ensuring it would be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established