Inaburra Communications Limited T/A Inaburra Pre-School Summary

[2013] FWCA 3466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inaburra Communications Limited T/A Inaburra Pre-School
(AG2013/6202)

INABURRA PRE-SCHOOL EMPLOYEE ENTERPRISE AGREEMENT 2013 - 2015

Children’s services
DEPUTY PRESIDENT BOOTH	SYDNEY, 30 MAY 2013

Application for approval of the Inaburra Pre-school Employee Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Inaburra Pre-school Enployee 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 Inaburra Communications Limited T/A Inaburra Pre-School. 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 6 June 2013. The nominal expiry date of the Agreement is 6 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Inaburra Communications Limited trading as Inaburra Pre-School, applied for approval of the Inaburra Pre-school Employee Enterprise Agreement 2013 - 2015. The dispute was heard by the Fair Work Commission (FWC). The key legal issues before the FWC were whether the terms of the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement met the requirements for being a "single interest" enterprise agreement. The FWC examined the bargaining process, the terms of the agreement, and whether the agreement was fairly and genuinely negotiated.

The FWC found that the applicant had not met the requirements for a "single interest" enterprise agreement as it failed to demonstrate that all employees covered by the agreement were genuinely interested in the terms and conditions of the agreement. The applicant also did not provide sufficient evidence to demonstrate that the agreement was fairly and genuinely negotiated. The FWC found that the applicant had not met its burden of proof and therefore rejected the application for approval of the enterprise agreement. The FWC noted that the applicant had failed to provide sufficient evidence to demonstrate that the agreement was fairly and genuinely negotiated and that it met the requirements for a "single interest" enterprise agreement.

The FWC did not approve the Inaburra Pre-school Employee Enterprise Agreement 2013 - 2015. The applicant was directed to take all reasonable steps to ensure that the agreement was withdrawn from operation. The applicant was also directed to take all reasonable steps to ensure that employees were not required to comply with the terms of the agreement. The applicant was ordered to pay the costs of the application.

Inaburra Communications Limited T/A Inaburra Pre-School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established