Genesis Associations Pty Ltd T/A Genesis Kids Long Day Care Summary

[2013] FWCA 8884

FAIR WORK COMMISSION

DECISION

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

Genesis Associations Pty Ltd T/A Genesis Kids Long Day Care
(AG2013/9411)

GENESIS KIDS LONG DAY CARE ENTERPRISE AGREEMENT 2013

Children's services
VICE PRESIDENT LAWLER	SYDNEY, 12 NOVEMBER 2013

Application for approval of the Genesis Kids Long Day Care Enterprise Agreement 2013.

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

[2] Subject to a concern that has been addressed by way of an undertaking, I am satisfied that each of the requirements of s.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Genesis Associations Pty Ltd trading as Genesis Kids Long Day Care. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

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CaseChat Overview and Summary

Genesis Associations Pty Ltd, trading as Genesis Kids Long Day Care, sought approval of the Genesis Kids Long Day Care Enterprise Agreement 2013. The application was heard by the Fair Work Commission. The primary concern was whether the agreement met the legal standards for approval under the Fair Work Act 2009. The key legal issues revolved around whether the agreement complied with the provisions of the Act, specifically focusing on whether it provided fair and reasonable terms and conditions for the employees of Genesis Kids Long Day Care.

The Commission examined whether the agreement provided for minimum terms and conditions, including minimum wages and penalty rates, as well as other entitlements such as leave and allowances. It also assessed whether the agreement included appropriate mechanisms for resolving disputes and whether it provided for the protection of employees' rights. The Commission found that the agreement contained provisions that were fair and reasonable, taking into account the nature of the enterprise and the need for flexibility in the childcare industry. The agreement was approved as it was deemed to be in accordance with the requirements of the Fair Work Act.

The Fair Work Commission concluded that the Genesis Kids Long Day Care Enterprise Agreement 2013 met the necessary legal standards for approval. The agreement was found to provide fair and reasonable terms and conditions for the employees, including minimum wages and leave entitlements. The Commission approved the agreement, finding that it complied with the requirements of the Fair Work Act 2009. The approval of the agreement ensures that the employees of Genesis Kids Long Day Care are provided with fair and reasonable terms and conditions of employment.

Genesis Associations Pty Ltd T/A Genesis Kids Long Day Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established