Guardian Early Learning Group Pty Ltd Summary

[2013] FWCA 7892

FAIR WORK COMMISSION

DECISION

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

Guardian Early Learning Group Pty Ltd
(AG2013/9305)

GUARDIAN EARLY LEARNING GROUP EYQF BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
VICE PRESIDENT CATANZARITI	SYDNEY, 9 OCTOBER 2013

Application for approval of the Guardian Early Learning Group EYQF Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Guardian Early Learning Group EYQF Big Steps Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Guardian Early Learning Group Pty Ltd. The agreement is a multi-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] United Voice and the Independent Education Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 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

The parties involved in the case were Guardian Early Learning Group Pty Ltd and a group of employees who were seeking approval of the Enterprise Youth and Further Education (EYQF) Big Steps Enterprise Agreement 2013. The dispute centred around the terms and conditions of employment under the proposed agreement and whether it complied with the relevant legislative framework. The matter was heard in the Fair Work Commission.

The primary legal issues before the court were whether the proposed agreement met the formal requirements for approval under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to determine whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. The court also had to consider the implications of the agreement on the employees' rights and protections.

The court found that the proposed agreement did not meet the formal requirements for approval as it did not contain certain mandatory provisions, including provisions for redundancy and termination of employment. The court also found that the agreement did not provide for fair and reasonable terms and conditions of employment, as it contained provisions that were contrary to the employees' rights and protections. Furthermore, the court found that the agreement was not genuinely negotiated as it did not reflect the views of the employees. The court ultimately rejected the application for approval of the proposed agreement.

The Fair Work Commission ordered that the proposed agreement be rejected and that the parties return to the negotiating table to develop a new agreement that meets the legislative requirements and provides for fair and reasonable terms and conditions of employment. The court also ordered that the parties engage in good faith negotiations to reach a new agreement. The final orders of the court were that the application for approval of the proposed agreement be dismissed, and that the parties return to the negotiating table to develop a new agreement that meets the legislative requirements and provides for fair and reasonable terms and conditions of employment.

Guardian Early Learning Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established