M J Elliot Child Care Pty Ltd Summary

[2013] FWCA 7651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M J Elliot Child Care Pty Ltd
(AG2013/9078)

LITTLE GEKOS EARLY LEARNING CENTRE EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 2 OCTOBER 2013

Application for approval of the Little Gekos Early Learning Centre Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Little Gekos Early Learning 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 M J Elliot Child Care Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 9 October 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

M J Elliot Child Care Pty Ltd, the respondent in this matter, sought approval for the Little Gekos Early Learning Centre Early Years Quality Fund Enterprise Agreement 2013. The applicant, Australian Education Union ACT Branch, objected to the agreement on the basis that it was inconsistent with the Fair Work Act 2009 (Cth). The application was heard in the Fair Work Commission.

The central issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for good faith bargaining and whether it was made in accordance with the process prescribed by the Act. Additionally, the Commission needed to assess whether the agreement was fair and reasonable, taking into account the broader objectives of the Act.

The Commission found that the agreement was made in good faith and adhered to the statutory bargaining process. The Commission also concluded that the agreement was fair and reasonable, considering the context in which it was made and the interests of the employees. The Commission noted that the agreement addressed various employment conditions, including wages, hours of work, and other terms and conditions of employment. The Commission was satisfied that the agreement was not inconsistent with the overarching objectives of the Fair Work Act 2009.

The Fair Work Commission approved the Little Gekos Early Learning Centre Early Years Quality Fund Enterprise Agreement 2013, confirming its compliance with the relevant provisions of the Fair Work Act 2009. The Commission determined that the agreement was made in good faith, followed the statutory bargaining process, and was fair and reasonable. The approval of the agreement now allows it to take effect and govern the employment terms and conditions of the employees covered by the agreement.

M J Elliot Child Care Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established