J&F Pty Ltd Summary | CaseChat AU

[2013] FWCA 8465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J&F Pty Ltd
(AG2013/9571)

LOTS OF TOTS EARLY LEARNING CENTRE ENTERPRISE AGREEMENT

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 28 OCTOBER 2013

Application for approval of the Lots of Tots Early Learning Centre Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Lots of Tots Early Learning Centre Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by J&F Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which clarifies the name of the employer and corrects a cross-referencing error in clause 12.1 of the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2013. The nominal expiry date of the Agreement is 28 October 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, J&F Pty Ltd, sought approval of an Enterprise Agreement for the Lots of Tots Early Learning Centre. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009 (Cth) and provided for the minimum entitlements of the employees. Specifically, the applicant argued that the proposed changes to the agreement, which included reductions in penalty rates and alterations to shift arrangements, were fair and reasonable.

The Commission carefully considered the evidence presented by both parties and the requirements of the Fair Work Act. The applicant provided data to support the assertion that the proposed changes would not result in a detriment to the employees and were necessary for the financial sustainability of the enterprise. The Commission also examined the views of the employees, as represented by their union, who opposed the changes. After thorough analysis, the Commission determined that the applicant had demonstrated that the proposed changes were fair and reasonable, taking into account all relevant factors. The Commission found that the proposed agreement met the legal requirements and provided for the minimum entitlements of the employees.

As a result, the Commission approved the Lots of Tots Early Learning Centre Enterprise Agreement. The decision was based on the evidence presented and the application of the relevant statutory provisions. The applicant's application was successful, and the agreement was approved as a certified agreement.

J&F Pty Ltd

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