Kelly's Place Children's Centre Incorporated

[2013] FWCA 7705

FAIR WORK COMMISSION

DECISION

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

Kelly's Place Children's Centre Incorporated
(AG2013/10590)

KPCC ENTERPRISE AGREEMENT

Children's services
COMMISSIONER MCKENNA	SYDNEY, 2 OCTOBER 2013

Application for approval of the KPCC Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the KPCC Enterprise Agreement (“the Agreement”). The application has been made by Kelly’s Place Children’s Centre Incorporated (“the applicant”) 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. The applicant has provided a written undertaking addressing a miscellaneous matter. The employee bargaining representatives concur with the content of the undertaking. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement, now also including the Early Years Quality Fund schedule, 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 31 December 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kelly's Place Children's Centre Incorporated applied to the Fair Work Commission for the approval of a new Enterprise Agreement. The application was contested by a union, which argued that the proposed agreement did not adequately protect the rights and interests of the employees. The matter was heard by the Commission, which was required to determine whether the agreement met the statutory requirements for approval.

The central issue before the Commission was whether the proposed Enterprise Agreement complied with the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for appropriate minimum terms and conditions, including pay rates, hours of work, and leave entitlements, and whether it allowed for genuine employee participation in the negotiation process.

In considering these issues, the Commission found that the proposed agreement met the necessary requirements. The agreement provided for fair and reasonable terms and conditions of employment, and it demonstrated that there had been genuine efforts to consult with employees during the negotiation process. The Commission was satisfied that the agreement would not have an adverse effect on the employees' rights and entitlements, and it approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the proposed Enterprise Agreement, finding that it met the statutory requirements for approval. The Commission confirmed that the agreement provided for appropriate minimum terms and conditions of employment, and that it had been negotiated in good faith. The agreement was registered, and it will now apply to the employees of Kelly's Place Children's Centre Incorporated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established