Gambitt Pty Ltd as Trustee for the Link Family Trust T/A Broadmeadow Montessori Children’s House Summary

[2013] FWCA 6482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gambitt Pty Ltd as Trustee for the Link Family Trust T/A Broadmeadow Montessori Children’s House
(AG2013/8541)

GAMBITT PTY LTD TRADING AS BROADMEADOW MONTESSORI CHILDREN’S HOUSE ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the Gambitt Pty Ltd Trading as Broadmeadow Montessori Children’s House Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gambitt Pty Ltd Trading as Broadmeadow Montessori Children’s House Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Gambitt Pty Ltd as Trustee for the Link Family Trust T/A Broadmeadow Montessori Children’s House. 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 10 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Gambitt Pty Ltd as Trustee for the Link Family Trust, trading as Broadmeadow Montessori Children’s House, an application was brought to the Fair Work Commission seeking approval of the Enterprise Agreement 2013. The respondents, who were employees of the applicant, contested the application on various grounds, including the absence of adequate consultation with the employees and the failure of the agreement to comply with certain statutory provisions. The case was heard and determined by the Fair Work Commission.

The central legal issues before the Commission were whether the applicant had adequately consulted with the employees during the negotiation process and if the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The respondents argued that the applicant had failed to provide sufficient information and opportunity for the employees to be involved in the negotiation process, and that the agreement did not adequately address certain issues such as shift patterns and leave entitlements.

The Fair Work Commission found that the applicant had engaged in good faith negotiations and had provided the employees with adequate information and opportunities to be involved in the negotiation process. The Commission also found that the proposed agreement complied with the relevant statutory provisions. The Commission rejected the respondents' arguments that the applicant had failed to adequately consult with the employees and that the agreement did not adequately address certain issues. The Commission approved the application and registered the Enterprise Agreement 2013.

The Fair Work Commission approved the application and registered the Enterprise Agreement 2013, finding that the applicant had adequately consulted with the employees during the negotiation process and that the proposed agreement complied with the relevant statutory provisions. The Commission rejected the respondents' arguments and found that the agreement was fair and reasonable. The agreement will now govern the employment conditions of the respondents and will be in effect until such time as it is varied or terminated in accordance with the provisions of the Fair Work Act 2009.

Gambitt Pty Ltd as Trustee for the Link Family Trust T/A Broadmeadow Montessori Children’s House

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established