Jessbec Pty Ltd as Trustee for the Styles Family Trust T/A Bay House Early Education Summary

[2013] FWCA 7498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jessbec Pty Ltd as Trustee for the Styles Family Trust T/A Bay House Early Education
(AG2013/9382)

BAY HOUSE EARLY EDUCATION AND ITS EMPLOYEES ENTERPRISE AGREEMENT 2013-15

Children’s services
COMMISSIONER BISSETT	BRISBANE, 26 SEPTEMBER 2013

Application for approval of the Bay House Early Education and its Employees Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Bay House Early Education and its Employees Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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. In accordance with s.54(1) it will operate from 3 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Jessbec Pty Ltd, as trustee for the Styles Family Trust trading as Bay House Early Education, applied for the approval of the Bay House Early Education and its Employees Enterprise Agreement 2013-2015. The application was made by the employer, and the dispute involved whether the agreement complied with the relevant legislative provisions and the principles of good faith bargaining.

The central legal issue before the court was whether the enterprise agreement adhered to the requirements set forth in the Fair Work Act 2009, particularly focusing on the process of good faith bargaining. Additionally, the court had to determine if the agreement contained all the necessary mandatory terms and conditions and if it was fair and reasonable for the employees covered by the agreement.

The Fair Work Commission examined the bargaining process and found that it was conducted in good faith. The court considered the evidence presented by both parties, including the bargaining conduct, the substance of the agreement, and whether it met the statutory requirements. After a thorough analysis, the court concluded that the agreement was fair and reasonable, contained all mandatory terms, and was the product of genuine negotiations. Therefore, the application for approval was granted, and the enterprise agreement was registered.

Jessbec Pty Ltd as Trustee for the Styles Family Trust T/A Bay House Early Education

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established