Kids Plus Pty Ltd

[2013] FWCA 8086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kids Plus Pty Ltd
(AG2013/9456)

KIDS PLUS COOLUM ENTERPRISE AGREEMENT

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 15 OCTOBER 2013

Application for approval of the Kids Plus Coolum Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Kids Plus Coolum Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kids Plus Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which corrects a cross-referencing error in clause 12.1 of the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2013. The nominal expiry date of the Agreement is 15 October 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Kids Plus Pty Ltd sought approval of the Kids Plus Coolum Enterprise Agreement, which was the subject of a legal challenge. The applicant argued that the agreement should be approved as it was fairly and properly negotiated and concluded in accordance with the relevant industrial relations legislation. The applicant maintained that the agreement provided for fair terms and conditions of employment for its employees, including the payment of wages and other benefits.

The court was required to determine whether the application for approval met the necessary criteria under the Fair Work Act 2009. This involved assessing whether the agreement had been negotiated in good faith and whether it provided for fair and reasonable terms and conditions of employment. The court also needed to consider whether the agreement met the requirements of the Better Off Overall Test, which ensures that the employees would be no worse off financially under the new agreement than they would be under the previous agreement.

The court found that the agreement met the necessary criteria for approval. It was satisfied that the agreement had been negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The court was also satisfied that the agreement met the requirements of the Better Off Overall Test. It found that the employees would be no worse off financially under the new agreement than they would be under the previous agreement, and in some cases, they would be better off. The court approved the application for approval of the Kids Plus Coolum Enterprise Agreement.

The court ordered that the Kids Plus Coolum Enterprise Agreement be approved and registered with the Fair Work Commission. The agreement would now become the legally binding contract between the applicant and its employees, and would apply to all employees who were covered by the agreement. The court's decision provided certainty and stability to the parties and ensured that the agreement would be implemented in accordance with the relevant industrial relations legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established