GGPD Pty Ltd as Trustee for the GGPD Family Trust T/A Coolgardie Children's Centre Summary

[2013] FWCA 5649

FAIR WORK COMMISSION

DECISION

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

GGPD Pty Ltd as Trustee for the GGPD Family Trust T/A Coolgardie Children's Centre
(AG2013/7923)

COOLGARDIE CHILDREN'S CENTRE ENTERPRISE AGREEMENT

Children's services
COMMISSIONER MCKENNA	SYDNEY, 13 AUGUST 2013

Application for approval of the Coolgardie Children's Centre Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Coolgardie Children’s Centre Enterprise Agreement (“the Agreement”). The application has been made by GGPD Pty Ltd as Trustee for the GGPD Family Trust T/A Coolgardie Children’s Centre (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is two years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by GGPD Pty Ltd, as trustee for the GGPD Family Trust, trading as the Coolgardie Children's Centre, to have an Enterprise Agreement approved. The dispute arose from a disagreement between the Centre and its employees, represented by the Australian Education Union (Vic), over the terms of the proposed agreement. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the relevant legislative provisions, particularly those concerning minimum entitlements. The Commission also had to consider the balance of the parties' bargaining power and whether the agreement had been made in good faith.

In determining the application, the Commission examined the terms of the proposed agreement, the bargaining process, and the submissions from both parties. It considered the principles of fairness and reasonableness, the legislative framework, and the need to balance the interests of both employers and employees. Ultimately, the Commission found that the agreement met the necessary criteria and was fair and reasonable in all respects. The Commission approved the proposed agreement, acknowledging the efforts made by both parties to reach a mutually acceptable outcome.

No final orders were made in this case as the agreement was approved, but the approval serves as a binding determination that the terms of the Enterprise Agreement are to be implemented as per the approved document.

GGPD Pty Ltd as Trustee for the GGPD Family Trust T/A Coolgardie Children's Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established