HappyJohns Pty Ltd

[2013] FWCA 8069

FAIR WORK COMMISSION

DECISION

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

HappyJohns Pty Ltd
(AG2013/9177)

HAPPYJOHNS PTY LTD T/AS HOPSKOTCH KINDERGARTEN TOONGABBIE CENTRE AT 54 BINALONG RD ENTERPRISE AGREEMENT 2013

Children's services
VICE PRESIDENT LAWLER	SYDNEY, 23 OCTOBER 2013

Application for approval of the HappyJohns Pty Ltd t/as Hopskotch Kindergarten Toongabbie Centre at 54 Binalong Rd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the HappyJohns Pty Ltd t/as Hopskotch Kindergarten Toongabbie Centre at 54 Binalong Rd Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the HappyJohns 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 30 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 applicant, HappyJohns Pty Ltd, trading as Hopskotch Kindergarten Toongabbie Centre, sought approval of a 2013 Enterprise Agreement from the Fair Work Commission. The agreement was intended to govern the employment conditions of kindergarten staff at the Toongabbie Centre. The dispute centred on whether the agreement was appropriately certified and met the necessary criteria for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement had been fairly and properly certified and if it complied with the requirements of the Fair Work Act. In particular, the Commission needed to determine if the agreement had been genuinely negotiated, if it contained the necessary provisions, and if it was appropriate to make an order for its approval. The Commission also had to consider the implications of any potential contraventions of the Act and whether these should preclude approval.

The Fair Work Commission found that the agreement had been genuinely negotiated and met the requirements for approval under the Fair Work Act. The Commission was satisfied that the bargaining process was fair, the agreement contained all the necessary provisions, and it was in the best interest of the employees. Despite some minor technical issues, the Commission was confident that these could be rectified without significant detriment to the agreement's overall purpose and intent. Consequently, the Commission approved the agreement, recognising its value in providing a fair and balanced set of employment conditions for the kindergarten staff.

The Fair Work Commission approved the Hopskotch Kindergarten Toongabbie Centre Enterprise Agreement 2013, subject to any minor amendments required to address the technical issues identified. The Commission ordered that the agreement be registered and enforceable from the date of the decision, ensuring that the staff at the Toongabbie Centre would benefit from the agreed-upon employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established