Little Diggers Management Co Pty Ltd

[2013] FWCA 6470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Little Diggers Management Co Pty Ltd
(AG2013/8662)

LITTLE DIGGERS EYQF ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the Little Diggers EYQF Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Little Diggers EYQF Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Little Diggers Management Co Pty Ltd trading as Little Diggers Pre-School & Child Care Centre. 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 10 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Little Diggers Management Co Pty Ltd, the employer, applied to the Fair Work Commission for approval of the Little Diggers Early Years Quality Framework Enterprise Agreement 2013. The applicant, Little Diggers Management Co Pty Ltd, is a childcare centre operator employing staff covered by the agreement. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement fairly reflected the terms and conditions of employment of the employees covered by the agreement, and whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement contained all the mandatory terms prescribed by the Act and whether it was made without undue influence or coercion.

The Commission found that the agreement did contain all the mandatory terms prescribed by the Fair Work Act 2009 and that the agreement had been made without undue influence or coercion. The Commission was satisfied that the agreement fairly reflected the terms and conditions of employment of the employees covered by the agreement and that the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act 2009. Accordingly, the Commission approved the agreement.

The Commission approved the Little Diggers Early Years Quality Framework Enterprise Agreement 2013. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established