KIDS WORLD GILSTON PTY LTD Summary

[2013] FWCA 7655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KIDS WORLD GILSTON PTY LTD
(AG2013/2646)

KIDS WORLD GILSTON - EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 2 OCTOBER 2013

Application for approval of the KIDS WORLD GILSTON - Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the KIDS WORLD GILSTON - Early Years Quality Fund 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 WORLD GILSTON PTY LTD. The Agreement is a single-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 9 October 2013. The nominal expiry date of the Agreement is 2 October 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kids World Gilston Pty Ltd, applied to the Fair Work Commission for the approval of the Kids World Gilston – Early Years Quality Fund Enterprise Agreement 2013. The applicant sought to have the agreement registered under the Fair Work Act 2009, and the relevant respondents were the Australian Education Union (AEU) and the early childhood education and care employees covered by the proposed agreement. The dispute primarily centred on the terms and conditions of employment and the procedural fairness of the agreement.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and if the necessary procedural fairness was observed in the negotiation and execution of the agreement. The court also needed to determine if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and if it adhered to the principles of good faith bargaining.

The court examined the negotiation process, the content of the agreement, and the representation of the employees by the AEU. It was found that the applicant had engaged in good faith bargaining and that the AEU had appropriately represented the employees. The court also noted that the agreement included provisions that were consistent with the principles of procedural fairness and met the requirements of the Fair Work Act. The court approved the agreement, finding that it was fair and reasonable, and thus registered it under the Act. The court's decision was based on the comprehensive evidence presented and the compliance of the agreement with the relevant legislative provisions.

KIDS WORLD GILSTON PTY LTD

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established