Habitat Early Learning Pty Ltd

[2013] FWCA 5217

FAIR WORK COMMISSION

DECISION

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

Habitat Early Learning Pty Ltd
(AG2013/7668)

HABITAT EARLY LEARNING PTY LTD - EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 31 JULY 2013

Application for approval of the Habitat Early Learning Pty Ltd - Early Years Quality Fund Enterprise Agreement 2013.

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

[2] 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] On 30 July 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2013. The nominal expiry date of the Agreement is 30 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, Habitat Early Learning Pty Ltd, sought the court's approval for the Early Years Quality Fund Enterprise Agreement 2013. The respondent, Australian Education Union (AEU), raised objections to the proposed agreement. The application was heard in the Fair Work Commission, a specialised body established under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement complied with the provisions concerning the fair and efficient resolution of workplace disputes and the provision of procedural fairness to all parties involved.

The Commission thoroughly examined the provisions of the proposed agreement, considering the requirements set out in the Fair Work Act. It found that the agreement provided for a fair and efficient system for resolving workplace disputes and ensured procedural fairness for all parties. Given this, the Commission approved the Enterprise Agreement, finding it met the necessary legal standards.

The Commission's decision was final, and the Enterprise Agreement was approved for implementation. The court directed that the agreement be registered with the Fair Work Commission, and that it would be binding on all parties from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established