Legend Corporation Ltd t/a Legend Corp. Early Childhood Service

[2013] FWCA 7407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Legend Corporation Ltd t/a Legend Corp. Early Childhood Service
(AG2013/9138)

LEGEND CORP. EARLY CHILDHOOD SERVICE ENTERPRISE AGREEMENT 2013-2016

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 24 SEPTEMBER 2013

Application for approval of the Legend Corp. Early Childhood Service Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Legend Corp. Early Childhood Service Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Legend Corporation Ltd t/a Legend Corp. Early Childhood Service. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from Legend Corporation Ltd t/a Legend Corp. Early Childhood Service. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Legend Corporation Ltd, trading as Legend Corp. Early Childhood Service, brought an application before the Fair Work Commission for the approval of the Legend Corp. Early Childhood Service Enterprise Agreement 2013-2016. The application sought the Fair Work Commission's approval of the agreement, which covered various aspects of employment conditions for the staff working in the early childhood services provided by the respondent. The nature of the dispute involved the procedural fairness of the agreement, the scope of its coverage, and whether it met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission encompassed whether the agreement had been negotiated in good faith and covered all employees within the scope of the enterprise. Additionally, the Commission had to determine whether the agreement satisfied the relevant provisions of the Fair Work Act, including compliance with minimum entitlements and procedural fairness. The applicant argued that the agreement was a result of genuine negotiations, covered all relevant employees, and met the legislative requirements for approval. The Commission was required to weigh these arguments against any objections or concerns raised regarding the agreement.

The Fair Work Commission found that the Legend Corp. Early Childhood Service Enterprise Agreement 2013-2016 had been negotiated in good faith and was applicable to all employees within the scope of the enterprise. The Commission also determined that the agreement met the necessary standards for approval under the Fair Work Act. The applicant's submissions and evidence provided to the Commission demonstrated that the agreement complied with minimum entitlements and procedural fairness, thereby satisfying the legislative requirements. Consequently, the Commission approved the agreement.

In light of the above, the Fair Work Commission approved the Legend Corp. Early Childhood Service Enterprise Agreement 2013-2016, effective from the date of the decision. The agreement was to be registered with the Commission and would govern the employment conditions of the staff working in the early childhood services provided by the respondent for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established