Leederville Early Childhood Centre Inc

[2013] FWCA 7411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leederville Early Childhood Centre Inc
(AG2013/9548)

LEEDERVILLE EARLY CHILDHOOD CENTRE INC. ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILLIAMS	PERTH, 26 SEPTEMBER 2013

Application for approval of the Leederville Early Childhood Centre Inc. Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Leederville Early Childhood Centre Inc. 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 Leederville Early Childhood Centre Inc. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 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

In the recent decision of Leederville Early Childhood Centre Inc, the Fair Work Commission was called upon to consider the approval of the Leederville Early Childhood Centre Inc. Enterprise Agreement 2013. The applicant, Leederville Early Childhood Centre Inc, sought to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose from the negotiations between the Centre and its employees, who were represented by the National Tertiary Education Union.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, if it was negotiated genuinely, and whether it contained appropriate provisions for the protection of employees' rights and interests. The Commission also examined whether the agreement adhered to the 'better off overall test', ensuring that employees were not worse off financially or in terms of conditions.

The Commission found that the agreement was made in good faith and was genuinely negotiated between the parties. The terms of the agreement were deemed to be fair and reasonable, meeting the statutory requirements under the Fair Work Act. The Commission noted that the agreement provided for adequate protections for employees, including provisions for leave, working hours, and other employment conditions. The 'better off overall test' was also satisfied, as the employees were not disadvantaged by the terms of the agreement. Consequently, the Commission approved the Leederville Early Childhood Centre Inc. Enterprise Agreement 2013, recognising it as a registered agreement.

The final orders of the Commission were that the Leederville Early Childhood Centre Inc. Enterprise Agreement 2013 be approved and registered under the Fair Work Act. The agreement would now serve as the basis for the terms and conditions of employment for the employees of the Centre, ensuring a legally binding framework for their work arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established