DJS Estates Pty Ltd atf the DJ Schokman Trust T/A Taigum Child Educare Centre Summary

[2013] FWCA 4344

FAIR WORK COMMISSION

DECISION

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

DJS Estates Pty Ltd atf the DJ Schokman Trust T/A Taigum Child Educare Centre
(AG2013/6964)

TAIGUM CHILD EDUCARE CENTRE AND UNITED VOICE "BIG STEPS" ENTERPRISE AGREEMENT 2013-2015

Children's services
COMMISSIONER BOOTH	BRISBANE, 5 JULY 2013

Application for approval of the Taigum Child Educare Centre and United Voice "Big Steps" Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single enterprise agreement known as the Taigum Child Educare Centre and United Voice "Big Steps" Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DJS Estates Pty Ltd atf the DJ Schokman Trust T/A Taigum Child Educare Centre.

[2] In accordance with s.185(3) of the Act, an application for approval of an enterprise agreement must be made within 14 days after the Agreement is made. The Agreement was made on 24 May 2013, and date of lodgement was 13 June 2013. The application was therefore 6 days out of time. At question 2.8 of Part 2 of the Form 17–Employer’s Declaration in Support of the Application for Approval of Enterprise Agreement, the Employer gave sufficient reason as to why the Fair Work Commission should extend the time for lodgement of the agreement for approval pursuant to s.185(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application pursuant to s.185(3)(b) of the Act should be granted.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 12 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, DJS Estates Pty Ltd, trading as Taigum Child Educare Centre, applied for approval of the "Big Steps" Enterprise Agreement 2013-2015, which was negotiated between the respondent, United Voice. The dispute centred around the applicability of the Fair Work Act 2009 to the Taigum Child Educare Centre and the validity of the enterprise agreement. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue was whether the Fair Work Act applied to the Taigum Child Educare Centre, thereby rendering the enterprise agreement subject to the approval process outlined in the Act. The court had to determine whether the Centre was an "employer" under the Act and whether the employees were "employees" within the meaning of the legislation. A secondary issue was whether the enterprise agreement complied with the procedural requirements for approval.

The court examined the definitions of "employer" and "employee" under the Act and found that the Taigum Child Educare Centre did indeed fall within the scope of the legislation. It was established that the Centre was an employer and the workers were employees, thereby subjecting the enterprise agreement to the Act's approval process. The court also reviewed the procedural fairness of the agreement's negotiation and approval, concluding that the agreement met the necessary criteria. As a result, the court approved the "Big Steps" Enterprise Agreement 2013-2015.

The court ordered that the "Big Steps" Enterprise Agreement 2013-2015 be approved, effective from 1 July 2013, and that it would remain in force until 30 June 2015, or until otherwise terminated or replaced. The decision affirmed the applicability of the Fair Work Act to the Taigum Child Educare Centre and validated the enterprise agreement, ensuring that the terms and conditions of employment were legally recognised and enforceable.

DJS Estates Pty Ltd atf the DJ Schokman Trust T/A Taigum Child Educare Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established