Kingston Beach Educational Care Inc

[2013] FWCA 5796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kingston Beach Educational Care Inc
(AG2013/7450)

KBEC UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 15 AUGUST 2013

Application for approval of the KBEC United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the KBEC United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made by Kingston Beach Educational Care Inc pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] 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.

[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) of the Act 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 22 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Kingston Beach Educational Care Inc, sought approval of the KBEC United Voice Big Steps Enterprise Agreement 2013. The application was heard in the Fair Work Commission, presided over by Commissioner McDonald. The application involved a dispute between the employer and the union, United Voice, regarding the terms and conditions of employment for the employees of Kingston Beach Educational Care Inc.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the process by which the agreement was made and the manner in which the employees' interests were represented. The Commission needed to determine if the agreement was made in good faith and if it provided for the employees' fair and reasonable terms and conditions of employment.

Commissioner McDonald found that the agreement was indeed made in good faith and that it provided for the employees' fair and reasonable terms and conditions of employment. The Commission took into account the evidence presented by both parties and the submissions made regarding the process by which the agreement was made and the representation of the employees' interests. The Commission concluded that the agreement met the legal requirements for approval and was in the best interests of the employees. As a result, the application for approval of the KBEC United Voice Big Steps Enterprise Agreement 2013 was granted.

The Fair Work Commission approved the KBEC United Voice Big Steps Enterprise Agreement 2013, and it came into effect on the date of the decision. The approval of the agreement ensures that the employees of Kingston Beach Educational Care Inc have fair and reasonable terms and conditions of employment, as well as providing certainty and stability in the workplace. The decision reinforces the importance of the process by which enterprise agreements are made and the need for good faith negotiations between employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established