Lilydale Children Pty Ltd

[2013] FWCA 7265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lilydale Children Pty Ltd
(AG2013/8664)

ROSE GARDEN CHILD CARE AND KINDERGARTEN AGREEMENT 2013

Children's services
COMMISSIONER WILSON	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Rose Garden Child Care and Kindergarten Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rose Garden Child Care and Kindergarten 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 Lilydale Children Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lilydale Children Pty Ltd sought approval for the Rose Garden Child Care and Kindergarten Agreement 2013 in the Fair Work Commission. The applicant is a registered employer under the Fair Work Act 2009 and the respondent is the Australian Council of Trade Unions. The application was made under section 235 of the Act and the matter was heard by a delegate of the President of the Commission. The key legal issues before the Commission were whether the proposed agreement provided appropriate protections for employees and complied with relevant provisions of the Act and related instruments.

The Commission examined the terms of the proposed agreement and the submissions of the parties. It considered whether the agreement provided adequate protections for employees, including minimum wages, leave entitlements, and other conditions of employment. The Commission also assessed whether the agreement complied with relevant provisions of the Act and the relevant modern award. In reaching its decision, the Commission took into account the need to balance the interests of employers and employees, while also ensuring that the agreement provided appropriate protections for employees.

The Commission found that the proposed agreement provided appropriate protections for employees and complied with relevant provisions of the Act and related instruments. It approved the Rose Garden Child Care and Kindergarten Agreement 2013, subject to certain modifications to ensure compliance with the Act and the relevant modern award. The Commission considered that the modifications were necessary to ensure that the agreement provided appropriate protections for employees and did not undermine the objectives of the Act. The modifications related to the calculation of penalty rates and the provision of additional leave entitlements.

The Commission made an order approving the Rose Garden Child Care and Kindergarten Agreement 2013, subject to the modifications set out in the decision. The applicant was directed to take all necessary steps to give effect to the approved agreement. The respondent was directed to take all necessary steps to ensure that the agreement was brought into operation and that employees were informed of their rights and obligations under the agreement. The decision is final and binding on the parties and cannot be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established