FirstLearnings St Kilda East Pty Ltd

[2013] FWCA 4545

FAIR WORK COMMISSION

DECISION

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

FirstLearnings St Kilda East Pty Ltd
(AG2013/7240)

FIRSTLEARNINGS ST KILDA EAST CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 11 JULY 2013

Application for approval of the FirstLearnings St Kilda East Child Care Centre Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the FirstLearnings St Kilda East Child Care Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by FirstLearnings St Kilda East 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] The Agreement is approved and, in accordance with s.54, will operate from 18 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

FirstLearnings St Kilda East Pty Ltd applied to the Fair Work Commission for the approval of a proposed enterprise agreement. The applicant operates a child care centre and had entered into an agreement with the National Union of Workers. The union represented employees of the centre who were covered by the agreement. The union submitted that the agreement was appropriate for approval on the basis that it provided for terms and conditions that were at least as good as, or better than, the relevant industrial instrument. The applicant opposed the application on the basis that the agreement contained an unfair term and that the union did not have the requisite majority of employees’ votes in favour of the agreement. The Fair Work Commission was required to decide whether the agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved. In particular, the commission had to consider whether the agreement contained an unfair term and whether the union had the requisite majority of employees’ votes in favour of the agreement. The commission held that the agreement did not contain any unfair terms. The commission also found that the union had the requisite majority of employees’ votes in favour of the agreement. Accordingly, the commission approved the agreement. The union’s application was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established