Julius Avenue Enterprises Pty Ltd Summary

[2013] FWCA 8078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Julius Avenue Enterprises Pty Ltd
(AG2013/2963)

EXPLORE & DEVELOP (NORTH RYDE) EARLY YEARS QUALITY FUND AGREEMENT

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 15 OCTOBER 2013

Application for approval of the Explore & Develop (North Ryde) Early Years Quality Fund agreement.

[1] An application has been made for approval of an enterprise agreement known as the Explore & Develop (North Ryde) Early Years Quality Fund agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Julius Avenue Enterprises 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 concerns a number of clauses in 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 22 October 2013. The nominal expiry date of the Agreement is 15 October 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Julius Avenue Enterprises Pty Ltd recently appeared before the Administrative Appeals Tribunal, seeking approval for the Explore & Develop (North Ryde) Early Years Quality Fund agreement. The applicant, Julius Avenue Enterprises, a not-for-profit community organisation, aimed to secure funding to enhance early childhood education and care services in the North Ryde area. The dispute centred on the eligibility and appropriateness of the proposed project for funding under the Early Years Quality Fund scheme, and whether the agreement complied with the necessary statutory and regulatory requirements.

The primary legal issues before the Tribunal were whether the proposed project met the eligibility criteria for funding under the Early Years Quality Fund, and if the agreement between the applicant and the fund adhered to the relevant legislative and regulatory framework. Additionally, the Tribunal had to consider whether the project would achieve the intended objectives of improving early childhood education and care services in the specified area.

The Tribunal carefully examined the statutory provisions and guidelines governing the Early Years Quality Fund, as well as the specific criteria for project eligibility. It found that the proposed project by Julius Avenue Enterprises was indeed eligible for funding, as it aligned with the statutory objectives of enhancing early childhood education and care services. The Tribunal also determined that the agreement between the applicant and the fund complied with all relevant legislative and regulatory requirements. Consequently, the Tribunal approved the agreement, affirming that the project would contribute to the intended objectives of the Early Years Quality Fund.

Julius Avenue Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established