Kermi’s Kindy Long Day Care Centre Summary

[2013] FWCA 7598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kermi’s Kindy Long Day Care Centre
(AG2013/9211)

KERMI’S KINDY LONG DAY CARE CENTRE ENTERPRISE AGREEMENT 2013-2015

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

Application for approval of the Kermi’s Kindy Long Day Care Centre Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Kermi’s Kindy Long Day Care Centre 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 Kermi’s Kindy Long Day Care Centre. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from Kermi’s Kindy Long Day Care Centre. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 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

Kermi’s Kindy Long Day Care Centre sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose from the terms and conditions of employment for the centre's staff. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issues the commission needed to address were whether the agreement had been made in good faith, was free from coercion and whether it provided fair and reasonable terms for the employees. Additionally, the commission had to consider if the agreement met the ‘better off overall test’ to ensure that employees were not worse off financially under the terms of the new agreement.

In its decision, the commission examined the negotiation process and found that the agreement had been made in good faith, without any coercion. The commission noted that the agreement contained provisions that were fair and reasonable, covering areas such as minimum wages, penalty rates, and leave entitlements. The commission also confirmed that the agreement passed the ‘better off overall test’ as it provided employees with a combination of financial and non-financial benefits that, on balance, improved their conditions of employment. Consequently, the commission approved the enterprise agreement.

The Fair Work Commission approved the Kermi’s Kindy Long Day Care Centre Enterprise Agreement 2013-2015, finding that it met all the necessary legal criteria. The agreement was deemed to be fair, reasonable, and beneficial to the employees overall, thus satisfying the requirements under the Fair Work Act 2009.

Kermi’s Kindy Long Day Care Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established