Kali Enterprise Pty Ltd as Trustee of the Kriscon Family Trust T/A Cloverdale Child Care Centre

[2013] FWCA 7603

The attached document replaces the document previously issued as [2013] FWCA 5896 on 30 September 2013.

A new reference number to correct filing error.

Rebecca Moon

Associate to Vice President Catanzariti

Dated 30 September 2013.

[2013] FWCA 7603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Kali Enterprise Pty Ltd as Trustee of the Kriscon Family Trust T/A Cloverdale Child Care Centre
(AG2013/8859)

CLOVERDALE CHILD CARE CENTRE EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 SEPTEMBER 2013

Application for variation of the Cloverdale Child Care Centre Early Years Quality Fund Enterprise Agreement.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Cloverdale Child Care Centre Early Years Quality Fund Enterprise Agreement (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Kali Enterprises Pty Ltd as Trustee of the Kriscon Family Trust T/A Cloverdale Child Care Centre. The Agreement is a single enterprise agreement.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 30 September 2013.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT 1

CaseChat Overview and Summary

The case before the Fair Work Commission involved Kali Enterprise Pty Ltd as Trustee of the Kriscon Family Trust, trading as Cloverdale Child Care Centre, seeking a variation of the Cloverdale Child Care Centre Early Years Quality Fund Enterprise Agreement. The primary dispute was over the terms and conditions of employment for employees working at the childcare centre, specifically regarding pay rates and conditions for educators and support staff. The Commission was tasked with determining whether the proposed changes to the agreement were reasonable and fair, given the economic and operational context of the childcare industry.

The legal issues before the Commission centred on the interpretation and application of the Fair Work Act 2009. The key questions were whether the proposed variations aligned with the Act's objectives of providing for a national workplace relations system that promotes high levels of employment and income, and whether the changes were in line with the principles of good faith bargaining and procedural fairness. Additionally, the Commission needed to assess the impact of the proposed changes on the employees, the employer, and the broader industry.

In its decision, the Commission examined the evidence presented by both parties, including submissions on the economic conditions of the childcare sector, the specific circumstances of the Cloverdale Child Care Centre, and the impact of the proposed changes on employees. The Commission found that the proposed variations were reasonable and in the interests of achieving an appropriate balance between the needs of the employer and the employees. The changes were deemed to be fair and consistent with the principles of good faith bargaining and procedural fairness, and therefore, the application for variation was approved. The final orders reflect this decision, allowing the revised agreement to come into effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established