Happy Hands Early Learning Centre Pty Ltd

[2013] FWCA 6718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Happy Hands Early Learning Centre Pty Ltd
(AG2013/2694)

HAPPY HANDS EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2013-2015

Children’s services
COMMISSIONER WILLIAMS	PERTH, 9 SEPTEMBER 2013

Application for approval of the Happy Hands Early Learning Centre Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Happy Hands Early Learning Centre Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Happy Hands Early Learning Centre Pty Ltd. 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 as are relevant to this application for approval have been met.

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

The applicant, Happy Hands Early Learning Centre Pty Ltd, sought approval for an Enterprise Agreement from 2013 to 2015. The dispute involved whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The Federal Circuit Court presided over the matter.

The court needed to determine if the agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Specifically, it examined whether the agreement was made in good faith and if it provided for a fair and reasonable remuneration and conditions. Additionally, the court had to consider whether the agreement met the minimum entitlements outlined in the relevant modern awards.

The court held that the agreement met the procedural requirements as the applicant had followed the necessary steps, including providing the necessary notices and bargaining in good faith. The court also found that the agreement contained terms that were fair and reasonable, and that it did not disadvantage any party to the agreement. The agreement provided for minimum award rates of pay and conditions, and the court was satisfied that it met the minimum entitlements required under the Fair Work Act.

The court approved the Happy Hands Early Learning Centre Enterprise Agreement 2013-2015, confirming that it met all legal requirements for approval. The agreement was thus deemed valid and enforceable between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established