Kids Early Learning Centre Summary

[2013] FWCA 7624

FAIR WORK COMMISSION

DECISION

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

Kids Early Learning Centre
(AG2013/2695)

KIDS EARLY LEARNING CENTRES ENTERPRISE AGREEMENT 2013

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

Application for approval of the Kids Early Learning Centres Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kids Early Learning Centres Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kids Early Learning Centre. The Agreement is a multi-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[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

The parties in this case were Kids Early Learning Centre and the Australian Education Union, and the dispute was regarding the approval of the Kids Early Learning Centres Enterprise Agreement 2013. The case was heard in the Fair Work Commission, an Australian government agency responsible for resolving workplace disputes and promoting fair work practices. The Australian Education Union sought approval of the agreement on behalf of the employees of Kids Early Learning Centre, while the employer contested the application on several grounds.

The legal issues before the Fair Work Commission centred on whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the employer argued that the agreement failed to provide adequate protections for employees, did not adequately address the issue of casual employment, and did not comply with the relevant minimum wage rates. The Commission needed to determine whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and the relevant legal framework. The Commission found that the agreement did not adequately protect employees in certain areas, such as the provision of paid leave and the classification of employees as casual workers. However, the Commission also found that the agreement did meet the statutory criteria for approval in other respects, such as the provision of minimum wage rates and the establishment of a dispute resolution process. Ultimately, the Commission decided that the agreement should be approved with modifications to address the identified shortcomings.

The Fair Work Commission ordered that the Kids Early Learning Centres Enterprise Agreement 2013 be approved with modifications to address the issues identified in the decision. The modifications included provisions for paid leave, the classification of employees as casual workers, and the establishment of a dispute resolution process. The employer was required to implement the modified agreement within a specified timeframe, and the Australian Education Union was directed to take steps to ensure that the modifications were implemented.

Kids Early Learning Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established