Kidz Magic Qld Pty Ltd Summary

[2013] FWCA 7660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kidz Magic Qld Pty Ltd
(AG2013/9189)

KIDZ MAGIC AND ITS EMPLOYEES ENTERPRISE AGREEMENT 2013-2015

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

Application for approval of the Kidz Magic and its Employees Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Kidz Magic and its Employees Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kidz Magic Qld 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 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kidz Magic Qld Pty Ltd, sought approval for the Kidz Magic and its Employees Enterprise Agreement 2013-2015 from the Fair Work Commission. The agreement aimed to govern the employment terms of its workers within the children's entertainment industry. The dispute arose from the negotiation process and the contents of the agreement, including wages, working conditions, and dispute resolution mechanisms.

The central legal issues before the Commission involved whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically sections pertaining to the good faith negotiation process and the minimum standards for enterprise agreements. The Commission had to determine if the agreement was fairly and genuinely negotiated, as well as whether it met the "better off overall test" and the "no unprotected wages test."

The Commission found that the agreement was the product of good faith negotiations, meeting all statutory requirements. The terms and conditions within the agreement were deemed fair and reasonable, considering the industry standards and economic factors. The "better off overall test" was satisfied, as the agreement provided employees with benefits that were superior to those under the relevant award. The "no unprotected wages test" was also met, ensuring that the agreement did not compromise employees' basic wage entitlements.

The Fair Work Commission approved the Kidz Magic and its Employees Enterprise Agreement 2013-2015, affirming its compliance with the legislative framework. The decision highlighted the importance of fair and genuine negotiations in the context of enterprise agreements.

Kidz Magic Qld Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established