DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fit Kidz Services Pty Ltd
(AG2018/4775)

FIT KIDZ LEARNING CENTRES EMPLOYEE COLLECTIVE AGREEMENT (2018-2022)

Children's services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 APRIL 2019

Application for approval of the Fit Kidz Learning Centres Employee Collective Agreement (2018-2022).

[1] An application has been made for approval of an enterprise agreement known as the Fit Kidz Learning Centres Employee Collective Agreement (2018-2022) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fit Kidz Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Independent Education Union of Australia, 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 was approved on 9 April 2019 and, in accordance with s.54, will operate from 16 April 2019. The nominal expiry date of the Agreement is 9 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fit Kidz Services Pty Ltd applied to the Fair Work Commission for the approval of the Fit Kidz Learning Centres Employee Collective Agreement (2018-2022). The application was brought under the Fair Work Act 2009, specifically section 232, which allows for the approval of an agreement that provides for the terms and conditions of employment for employees within an enterprise. The matter was heard by Commissioner O'Brien.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Act. This included whether the agreement was in the public interest and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to determine if the agreement was made in good faith and if it complied with the process outlined in the Act.

The Commission found that the proposed agreement was in the public interest and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement had been made in good faith and that the process for its negotiation and conclusion complied with the Act. The Commission was satisfied that the agreement met the requirements for approval under the Act. The application for approval of the Fit Kidz Learning Centres Employee Collective Agreement (2018-2022) was accordingly approved.

The Commission ordered that the Fit Kidz Learning Centres Employee Collective Agreement (2018-2022) be approved under the Fair Work Act 2009, effective from 1 April 2018. The agreement was to remain in force until 31 March 2022, or until it was terminated earlier in accordance with its provisions. The Commission noted that the agreement provided for a fair and reasonable framework for the employment of employees within the Fit Kidz Learning Centres enterprise.

Fit Kidz Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established