Footprints Day Care Centre Pty Ltd T/A Pearcedale Day Care Centre

[2013] FWCA 6749

FAIR WORK COMMISSION

DECISION

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

Footprints Day Care Centre Pty Ltd T/A Pearcedale Day Care Centre
(AG2013/9096)

PEARCEDALE DAY CARE CENTRE - EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Children's services
DEPUTY PRESIDENT SMITH	MELBOURNE, 9 SEPTEMBER 2013

Application for approval of the Pearcedale Day Care Centre-Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as Pearcedale Day Care Centre-Early Years Quality Fund Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Footprints Day Care Centre Pty Ltd T/A Pearcedale Day Care Centre. 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 16 September 2013. The nominal expiry date of the Agreement is 8 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Pearcedale Day Care Centre-Early Years Quality Fund Enterprise Agreement 2013 was heard in the Fair Work Commission. The applicant, Footprints Day Care Centre Pty Ltd trading as Pearcedale Day Care Centre, sought approval of the proposed enterprise agreement which aimed to regulate the employment terms and conditions of its employees. The application arose amidst concerns from the Australian Education, Union, the registered union representing the employees, regarding the fairness and suitability of the agreement.

The primary legal issues before the Commission were whether the proposed agreement was genuinely a product of bargaining, whether it met the statutory requirements for approval, and if it contained terms that were fair and reasonable. The Commission had to consider whether the agreement was negotiated in good faith, if it contained the necessary prescribed pay and conditions, and if the terms and conditions were fair and reasonable in the context of the enterprise.

The Fair Work Commission found that the proposed agreement was genuinely a product of bargaining between the parties, met the statutory requirements, and contained fair and reasonable terms. The Commission noted that the agreement had been negotiated in good faith and contained the prescribed pay and conditions. The Commission also found that the terms and conditions were fair and reasonable, taking into account the nature of the enterprise and the employees' needs. The application was approved, and the agreement was registered.

The Fair Work Commission approved the application and registered the Pearcedale Day Care Centre-Early Years Quality Fund Enterprise Agreement 2013. The Commission found that the agreement was genuinely a product of bargaining, met the statutory requirements, and contained fair and reasonable terms. The registration of the agreement ensures that the employees of the Pearcedale Day Care Centre are protected by the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established