Jumpstart Education Pty Ltd T/A Jumpstart 4 Kids Blacktown Summary

[2013] FWCA 6473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jumpstart Education Pty Ltd T/A Jumpstart 4 Kids Blacktown
(AG2013/2444)

JUMPSTART 4 KIDS BLACKTOWN ENTERPRISE AGREEMENT 2013-2015

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the Jumpstart 4 Kids Blacktown Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Jumpstart 4 Kids Blacktown Enterprise Agreement 2013-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Jumpstart 4 Kids Pty Ltd trading as Jumpstart 4 Kids Blacktown. 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 10 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Jumpstart Education, applied to the Fair Work Commission for the approval of the Jumpstart 4 Kids Blacktown Enterprise Agreement 2013-2015. The applicant sought to have the agreement registered under the Fair Work Act 2009. The application was opposed by the Australian Education Union, representing employees of the applicant. The nature of the dispute centred on the terms and conditions of employment for the applicant's staff, specifically those covered by the proposed enterprise agreement.

The legal issues before the court included whether the agreement met the criteria for registration under section 231 of the Fair Work Act 2009, specifically whether it provided for fair and equitable terms and conditions, and whether it was made in accordance with the procedural requirements of the Act. Additionally, the court needed to consider whether the agreement provided for terms and conditions that were no less favourable than the relevant award or safety net award.

The court found that the agreement did not provide for a rate of pay that was no less favourable than the relevant award, specifically the Education (Private Sector) Award 2010. The court also found that the agreement did not meet the procedural requirements of the Act, as it had not been negotiated in good faith. The court held that the applicant had not provided evidence of the process followed in negotiating the agreement, nor had it demonstrated that the agreement had been the subject of genuine bargaining. Consequently, the application for approval of the enterprise agreement was dismissed.

The Fair Work Commission ordered that the application for approval of the Jumpstart 4 Kids Blacktown Enterprise Agreement 2013-2015 be dismissed. The court directed the applicant to provide evidence of the process followed in negotiating the agreement, and to demonstrate that the agreement had been the subject of genuine bargaining. The court also directed the applicant to ensure that any future enterprise agreements met the requirements of the Fair Work Act 2009.

Jumpstart Education Pty Ltd T/A Jumpstart 4 Kids Blacktown

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established