Lucantonio Nominees Pty Ltd Summary

[2013] FWCA 6897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lucantonio Nominees Pty Ltd
(AG2013/8510)

WOOD STREET CHILDCARE CENTRE - EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILSON	MELBOURNE, 13 SEPTEMBER 2013

Application for approval of the Wood Street Childcare Centre - Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wood Street Childcare Centre - 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). It has been made by Lucantonio Nominees 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 20 September 2013. The nominal expiry date of the Agreement is 20 September 2017.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lucantonio Nominees Pty Ltd, as the applicant, sought approval for the Wood Street Childcare Centre - Early Years Quality Fund Enterprise Agreement 2013. The respondent, the Australian Education Union, opposed the application on the grounds that the agreement did not meet the requirements for approval under the relevant industrial legislation. The case was heard in the Fair Work Commission of Australia.

The legal issues before the Commission were whether the agreement met the criteria for approval under section 234 of the Fair Work Act 2009, and if the agreement was genuinely negotiated and not a product of coercion or pressure. The Commission had to consider the extent to which the agreement provided for the fair treatment of employees, and whether it was in the best interests of the employees and the employer.

In determining the application, the Commission examined the negotiation process and found that the agreement was genuinely negotiated and not the result of any undue pressure or coercion. The Commission also considered the provisions of the agreement and concluded that it provided for fair treatment of employees and was in their best interests. The Commission further found that the agreement met the criteria for approval under the Fair Work Act 2009. As a result, the Commission approved the Wood Street Childcare Centre - Early Years Quality Fund Enterprise Agreement 2013.

The Fair Work Commission approved the Wood Street Childcare Centre - Early Years Quality Fund Enterprise Agreement 2013, finding that it was genuinely negotiated and met the criteria for approval under the Fair Work Act 2009. The Commission considered the agreement to be in the best interests of the employees and the employer, and provided for their fair treatment. The approval of the agreement will now allow the Wood Street Childcare Centre to operate under the terms of the agreement.

Lucantonio Nominees Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established