Guppys ELC Pty Ltd

[2013] FWCA 6391

FAIR WORK COMMISSION

DECISION

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

Guppys ELC Pty Ltd
(AG2013/2480)

GUPPYS EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 3 SEPTEMBER 2013

Application for approval of the Guppys Early Learning Centre Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Guppys Early Learning Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Guppys ELC Pty Ltd.

[2] On the basis of the material before me, 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 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Guppys ELC Pty Ltd, an early learning centre, sought approval of its 2013 enterprise agreement, which was challenged by the Australian Education Union (Vic Branch). The matter was heard in the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the agreement met the statutory requirements for approval, particularly whether it contained provisions that were contrary to the Fair Work Act 2009. The union argued that certain clauses were not consistent with the Act and did not comply with the Fair Work Regulations 2009.

The FWC examined the provisions of the agreement in detail, focusing on the terms related to employee classification, remuneration, and dispute resolution mechanisms. The Commission noted that while the agreement included some clauses that appeared to be contrary to the Act, these issues could be rectified through minor amendments. The FWC found that the overall intent of the agreement was to provide a fair and reasonable working environment for the employees and did not appear to be designed to circumvent the provisions of the Act.

Ultimately, the FWC approved the agreement subject to the conditions that certain clauses be modified to align with the statutory requirements. The union's objections were largely addressed by these amendments, and the FWC concluded that the agreement could be approved with these modifications. The court ordered that the agreement be certified as meeting the requirements of the Fair Work Act, with the specified amendments made to the relevant clauses.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established