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

[2013] FWCA 5896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kali Enterprise Pty Ltd as Trustee of the Kriscon Family Trust T/A Cloverdale Child Care Centre
(AG2013/8465)

CLOVERDALE CHILD CARE CENTRE EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT

Children’s services
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 AUGUST 2013

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

[1] An application has been made for approval of 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.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 and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Kali Enterprise Pty Ltd as Trustee of the Kriscon Family Trust trading as Cloverdale Child Care Centre, applied for the approval of an enterprise agreement. The applicant sought the approval of the Cloverdale Child Care Centre Early Years Quality Fund Enterprise Agreement, which would govern the employment terms of its employees, namely the educators, assistants, and administrative staff. The dispute arose from the need to formalise the employment conditions, which were previously governed by a combination of collective agreements and statutory minimum standards.

The court was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for approval. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, particularly in terms of wages, hours of work, and other employment conditions.

After reviewing the evidence and submissions from both parties, the Fair Work Commission concluded that the Cloverdale Child Care Centre Early Years Quality Fund Enterprise Agreement provided for fair and reasonable terms and conditions. The commission found that the agreement adequately protected the interests of the employees while also considering the operational needs of the employer. The procedural requirements for approval were also satisfied, as the agreement was negotiated in good faith and followed the correct process. Consequently, the court approved the agreement, ensuring that it would serve as a binding contract between the employer and the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established