Harvic Pty Ltd T/A Abacus Child Care Centre

[2013] FWCA 6743

FAIR WORK COMMISSION

DECISION

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

Harvic Pty Ltd T/A Abacus Child Care Centre
(AG2013/9169)

HARVIC PTY LTD TRADING AS ABACUS CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Children's services
DEPUTY PRESIDENT SMITH	MELBOURNE, 9 SEPTEMBER 2013

Application for approval of the Harvic Pty Ltd Trading as Abacus Child Care Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as Harvic Pty Ltd Trading as Abacus Child Care Centre Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Harvic Pty Ltd T/A Abacus Child Care Centre. 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Harvic Pty Ltd, trading as Abacus Child Care Centre, applied to the Fair Work Commission for approval of its Enterprise Agreement 2013. The application was contested by the Australian Childcare and Education Union. The primary dispute centred on the terms and conditions of employment for the employees under the proposed agreement.

The central legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and if it provided for the fair and reasonable terms and conditions for the employees. This included whether the agreement adequately addressed minimum wage rates, hours of work, leave provisions, and other essential employment conditions.

The Fair Work Commission determined that the proposed agreement complied with the statutory requirements. The court found that the agreement contained provisions for minimum wage rates, reasonable hours of work, and appropriate leave entitlements. Additionally, the agreement included mechanisms for resolving disputes and addressing workplace health and safety. The Commission was satisfied that the agreement was fair and reasonable, taking into account the nature of the childcare industry and the specific circumstances of the employees.

The Fair Work Commission approved the Enterprise Agreement 2013, noting that it met the necessary legal standards and provided for fair and reasonable terms and conditions for the employees. The approval allowed the agreement to be registered, and it would then become a legally binding contract between Harvic Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established