Exceptional Kids Services Pty Ltd

[2013] FWCA 7367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Exceptional Kids Services Pty Ltd
(AG2013/2498)

EXCEPTIONAL KIDS SERVICES ENTERPRISE AGREEMENT 2013 - 2017

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 24 SEPTEMBER 2013

Application for approval of the Exceptional Kids Services Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Exceptional Kids Services Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Exceptional Kids Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2013. The nominal expiry date of the Agreement is 30 September 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Exceptional Kids Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Exceptional Kids Services Enterprise Agreement 2013-2017. The dispute involved the employer, Exceptional Kids Services Pty Ltd, and the union representing the employees, the Australian Education Union. The union had sought approval of the enterprise agreement, which aimed to set out the terms and conditions of employment for the employees within the organisation.

The central legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, provided for the terms and conditions of employment, and met the minimum safety net entitlements as required by the Act. Additionally, the Commission needed to assess whether the agreement had been fairly negotiated and if it contained any unfair provisions that might be detrimental to the employees.

The Commission found that the agreement was made in good faith and fairly negotiated, taking into account the economic circumstances of the employer and the employees. It was determined that the agreement provided for the terms and conditions of employment and met the minimum safety net entitlements as required by the Fair Work Act. Furthermore, the Commission found that the agreement did not contain any unfair provisions that would be detrimental to the employees. Consequently, the Commission approved the Exceptional Kids Services Enterprise Agreement 2013-2017.

As a result of the Commission's decision, the enterprise agreement was approved, allowing it to take effect and govern the terms and conditions of employment for the employees of Exceptional Kids Services Pty Ltd for the specified period. This outcome provided certainty for both the employer and employees, ensuring that the agreement would be implemented and followed throughout the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established