Little Souls Taking Big Steps Limited Summary

[2014] FWCA 5593

FAIR WORK COMMISSION

DECISION

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

Little Souls Taking Big Steps Limited
(AG2014/1429)

LITTLE SOULS TAKING BIG STEPS AGREEMENT

Educational services
COMMISSIONER BOOTH	BRISBANE, 18 AUGUST 2014

Application for approval of the Little Souls Taking Big Steps Agreement.

[1] An application has been made for approval of a single enterprise agreement known as the Little Souls Taking Big Steps Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Little Souls Taking Big Steps Limited.

[2] On the basis of the material before me, 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, will operate from 25 August 2014. The nominal expiry date of the Agreement is 17 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Little Souls Taking Big Steps Limited, a childcare provider, applied to the Family Court for approval of the Little Souls Taking Big Steps Agreement, a registered agreement between the applicant and its employees. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The court was tasked with determining if the agreement adequately covered the terms and conditions of employment and whether it provided a safety net for employees that was no less favourable than the relevant award or registered agreement.

The court examined the content of the agreement, focusing on its compliance with the Fair Work Act’s provisions. Key issues included whether the agreement contained all the mandated terms and conditions, whether it provided no less favourable terms than the relevant award, and whether it was negotiated in good faith. The court also considered the evidence provided by both parties regarding the negotiation process and the content of the agreement.

In its reasoning, the court found that the agreement substantially complied with the statutory requirements. It covered all mandated terms and conditions and provided no less favourable terms than the relevant award. The court was satisfied with the evidence of good faith negotiation presented by the applicant. Consequently, the court approved the agreement, finding it to be in the best interests of the employees.

The court ordered that the Little Souls Taking Big Steps Agreement be approved and registered under the Fair Work Act 2009. This decision provided legal certainty for the parties and ensured that the agreement would be enforceable.

Little Souls Taking Big Steps Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established