Lingalonga Early Years Learning Centre Inc.

[2013] FWCA 6436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lingalonga Early Years Learning Centre Inc.
(AG2013/8688)

LINGALONGA EARLY YEARS LEARNING CENTRE INC. EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Children’s services
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 SEPTEMBER 2013

Application for approval of the Lingalonga Early Years Learning Centre Inc. Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lingalonga Early Years Learning Centre Inc. Early Years Quality Fund 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Lingalonga Early Years Learning Centre Inc., sought approval of an Enterprise Agreement with its employees. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 for an Enterprise Agreement to be certified and made binding. The applicant argued that the agreement, which was negotiated in good faith and covered various employment conditions, was fair and appropriate for the employees. The Commission was required to determine if the agreement met the statutory criteria for approval, including whether it was fairly and genuinely negotiated, and if it provided for appropriate terms and conditions of employment.

The Commission examined the negotiation process and contents of the Enterprise Agreement, assessing if it complied with the legislative requirements. It considered the good faith nature of the negotiations, the fairness of the terms, and whether the agreement addressed the needs and interests of both the employer and the employees. The Commission also evaluated if the agreement included all mandatory terms and conditions as required by the Fair Work Act. After a thorough review, the Commission found that the negotiation process was genuine, the terms were fair, and the agreement met all statutory requirements.

Consequently, the Commission approved the Lingalonga Early Years Learning Centre Inc. Early Years Quality Fund Enterprise Agreement 2013. The decision was made on the basis that the agreement was fairly and genuinely negotiated and provided for appropriate terms and conditions of employment. The approval ensures that the agreement will be certified and made binding, thereby regulating the employment conditions between the applicant and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established