Gumnut Long Day Care

[2013] FWCA 5574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gumnut Long Day Care
(AG2013/7488)

GUMNUT LONG DAY CARE CENTRE UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	HOBART, 9 AUGUST 2013

Application for approval of the Gumnut Long Day Care Centre United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Gumnut Long Day Care Centre United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made by Gumnut Long Day Care pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[4] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Gumnut Long Day Care applied for approval of the United Voice Big Steps Enterprise Agreement 2013. The application was opposed by the Australian Education Union and the Australian Childcare Alliance. The primary dispute centred around whether the terms and conditions outlined in the enterprise agreement were fair and reasonable for the employees of Gumnut Long Day Care. The Commission was required to consider the fairness and reasonableness of the agreement under the Fair Work Act 2009.

The key legal issues before the Commission included whether the proposed enterprise agreement provided appropriate protections and entitlements for the employees, and whether it adhered to the statutory framework governing enterprise agreements. The Commission examined the agreement's provisions on wages, hours of work, leave entitlements, and other conditions of employment. The Commission also had to determine whether the agreement appropriately balanced the interests of the employer and the employees.

The Commission found that the proposed enterprise agreement was fair and reasonable, as it provided adequate protections and entitlements for the employees, and adhered to the statutory framework. The Commission approved the application, noting that the agreement met the necessary standards under the Fair Work Act 2009. The Fair Work Commission's decision was based on a comprehensive analysis of the agreement's provisions and the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established