Katoomba Children's Cottage Inc Summary

[2013] FWCA 8654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Katoomba Children's Cottage Inc
(AG2013/11051)

KATOOMBA CHILDREN’S COTTAGE INCORPORATED (INC.) ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 1 NOVEMBER 2013

Application for approval of the Katoomba Children's Cottage Incorporated (Inc.) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Katoomba Children's Cottage Incorporated (Inc.) Enterprise Agreement 2013 (“the Agreement”). The application has been made by Katoomba Children’s Cottage Inc 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 relevant to this application for approval has been met. Further, as the Agreement does not contain a complying flexibility term, the model flexibility term is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Katoomba Children's Cottage Incorporated (Inc.) Enterprise Agreement 2013. The dispute arose from negotiations between the employer and employees regarding the terms and conditions of employment. The matter was brought before the Fair Work Commission, an Australian workplace relations tribunal, to determine whether the agreement met the necessary criteria for approval.

The primary legal issue the court had to decide was whether the proposed enterprise agreement contained the necessary provisions to be considered a "single, integrated, and complete" agreement. This involved examining whether the agreement covered all the required topics and was in compliance with the relevant legislation, including the Fair Work Act 2009. Additionally, the court had to determine if the agreement provided for the appropriate mechanisms for resolving disputes and ensuring fair treatment of employees.

The Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. The court noted that the agreement contained all the required topics and was in compliance with the Fair Work Act. The commission also found that the agreement provided for adequate mechanisms for resolving disputes and ensuring fair treatment of employees. The commission concluded that the agreement was a single, integrated, and complete document that fairly reflected the bargaining positions of both parties.

As a result, the Fair Work Commission approved the Katoomba Children's Cottage Incorporated (Inc.) Enterprise Agreement 2013, and it came into effect on the date of the approval. The agreement now governs the employment terms and conditions of the employees of the Katoomba Children's Cottage Incorporated.

Katoomba Children's Cottage Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established