L4N Pty Ltd; Apal Pty Ltd; United Voice Summary

[2013] FWCA 7449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

L4N Pty Ltd; Apal Pty Ltd; United Voice
(AG2013/9500)

AMAZE EARLY EDUCATION CENTRE ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	BRISBANE, 25 SEPTEMBER 2013

Application for approval of the AMAZE Early Education Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AMAZE Early Education Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 are relevant to this application for approval have been met.

[3] The 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. In accordance with s.54(1) it will operate from 2 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the AMAZE Early Education Centre Enterprise Agreement 2013. The applicants, L4N Pty Ltd, Apal Pty Ltd, and United Voice, sought the court's endorsement of the agreement, which was intended to regulate the employment terms and conditions of employees working at the AMAZE Early Education Centre. The nature of the dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the enterprise agreement complied with the provisions of the Fair Work Act, including the requirement for good faith bargaining, and whether it provided for appropriate minimum terms and conditions of employment. Additionally, the court had to determine if the agreement was made in accordance with the relevant provisions of the Act and whether it included appropriate mechanisms for resolving disputes between the parties.

In rendering its decision, the court examined the evidence provided by the applicants and considered the statutory framework governing enterprise agreements. The court found that the agreement satisfied the necessary legal criteria for approval, including the demonstration of good faith bargaining and the inclusion of appropriate minimum terms. The agreement was deemed to provide for adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Consequently, the court approved the enterprise agreement, confirming its compliance with the relevant legal standards.

The final orders of the court were that the AMAZE Early Education Centre Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The court's endorsement of the agreement ensured that it would govern the employment conditions of the employees at the centre, subject to the terms and conditions set out in the agreement.

L4N Pty Ltd; Apal Pty Ltd; United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established