Kids on 4th Pty Ltd

Case [2013] FWCA 6919

[2013] FWCA 6919

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.185—Enterprise agreement

Kids on 4th Pty Ltd
(AG2013/9218)

KIDS ON 4TH ENTERPRISE AGREEMENT [2013]

Children’s services

COMMISSIONER ROBERTS

SYDNEY, 17 SEPTEMBER 2013

Application for approval of the Kids on 4th Enterprise Agreement [2013].

[1] An application has been made for approval of an enterprise agreement known as the Kids on 4th Enterprise Agreement [2013] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kids on 4th Pty Ltd. 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 is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2013. The nominal expiry date will be 30 June 2015.

COMMISSIONER

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Details
AGLC
Kids on 4th Pty Ltd [2013] FWCA 6919
Case
[2013] FWCA 6919
Decision Date

CaseChat Overview and Summary

Kids on 4th Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement. The application was opposed by the Retail and Fast Food Workers Union. The dispute centred around the terms and conditions of employment for employees within the Kids on 4th organisation.

The legal issues before the court included whether the Enterprise Agreement met the requirements under the Fair Work Act 2009 and if the agreement was genuinely negotiated between the employer and the relevant union. Additionally, the court examined whether the agreement provided adequate protections and benefits for the employees.

In considering these issues, the court found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. The court determined that the agreement provided fair and reasonable terms and conditions for the employees, including provisions for minimum wages, leave entitlements, and other employment benefits. The court also noted that the agreement addressed the specific needs of the industry and the parties involved.

Accordingly, the court approved the Kids on 4th Enterprise Agreement. The agreement will now serve as the terms of employment for the relevant employees until such time as it is varied or terminated in accordance with the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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