DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J&L Enterprises Pty Ltd T/A Discovery Early Learning Centres
(AG2019/1000)

DISCOVERY EARLY LEARNING CENTRES ENTERPRISE AGREEMENT 2019

Children's services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 AUGUST 2019

Application for approval of the Discovery Early Learning Centres Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Discovery Early Learning Centres Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J&L Enterprises Pty Ltd T/A Discovery Early Learning Centres. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 9 August 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by J&L Enterprises Pty Ltd, trading as Discovery Early Learning Centres, for approval of the Discovery Early Learning Centres Enterprise Agreement 2019. The application was brought before the Fair Work Commission. The primary nature of the dispute was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically if it met the criteria for "coverage" and "bargaining" as outlined in the legislation.

The central legal issues before the court were whether the agreement was made in good faith and if it covered all the necessary aspects as required by the Fair Work Act. Additionally, the court had to determine whether the agreement was appropriate for the employees and if it provided for fair and reasonable terms. The court also examined if the agreement had been fairly negotiated and whether the process complied with the procedural fairness required by the law.

The Fair Work Commission found that the agreement met all the necessary requirements under the Fair Work Act. The agreement was deemed to be made in good faith and covered all the required aspects, including procedural fairness. The Commission was satisfied that the agreement was appropriate for the employees and provided for fair and reasonable terms. It was concluded that the negotiation process was conducted properly, and the agreement was approved accordingly. The court highlighted the importance of ensuring that all procedural steps were followed correctly and that the agreement was beneficial to the employees.

The final orders of the Commission were to approve the Discovery Early Learning Centres Enterprise Agreement 2019. This decision ensures that the agreement is legally binding and can be implemented for the benefit of the employees involved.

J&L Enterprises Pty Ltd T/A Discovery Early Learning Centres

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established