Eskay Kids Pty Ltd T/A Karana Early Education Centre; Springfield Child Care & Early Education Centre; and Capalaba Child Care Centre

[2013] FWCA 5190

FAIR WORK COMMISSION

DECISION

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

Eskay Kids Pty Ltd T/A Karana Early Education Centre; Springfield Child Care & Early Education Centre; and Capalaba Child Care Centre
(AG2013/7702)

ESKAY KIDS AND ITS EMPLOYEES ENTERPRISE AGREEMENT 2013-2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 1 AUGUST 2013

Application for approval of the Eskay Kids and its Employees Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single enterprise agreement known as the Eskay Kids and its Employees Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Eskay Kids Pty Ltd T/A Karana Early Education Centre; Springfield Child Care & Early Education Centre; and Capalaba Child Care Centre.

[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] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 August 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

Eskay Kids Pty Ltd, trading as Karana Early Education Centre, Springfield Child Care & Early Education Centre, and Capalaba Child Care Centre, applied for the approval of their Enterprise Agreement 2013-2015. The application was heard by the Fair Work Commission, which is tasked with approving such agreements under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the legal standards for approval, including provisions for employee conditions and protections.

The primary legal issues involved in this case were whether the proposed Enterprise Agreement adequately met the requirements set forth in the Fair Work Act, including ensuring that employees were not worse off financially or in terms of other conditions. The court had to examine if the agreement provided fair and reasonable terms for employees, and if it adhered to the "better-off-overall test" and other statutory obligations. The commission needed to determine if the agreement was made in good faith and if it included appropriate mechanisms for dispute resolution.

In its decision, the Fair Work Commission concluded that the proposed Enterprise Agreement did meet the statutory requirements for approval. The commission found that the agreement provided fair and reasonable terms for employees and did not disadvantage them. It was determined that the agreement was made in good faith and included provisions for dispute resolution that were compliant with the Act. As a result, the commission approved the Enterprise Agreement 2013-2015 for Eskay Kids Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established