M & S McCarthy Pty Ltd t/as Kids Retreat

[2013] FWCA 8312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M & S McCarthy Pty Ltd t/as Kids Retreat
(AG2013/2941)

KIDS RETREAT ENTERPRISE AGREEMENT 2013 - 2015

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 23 OCTOBER 2013

Application for approval of the Kids Retreat Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kids Retreat Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by M & S McCarthy Pty Ltd t/as Kids Retreat. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which corrects a cross-referencing error in clause 4 of the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of M & S McCarthy Pty Ltd t/as Kids Retreat, the Fair Work Commission was presented with an application to approve the Kids Retreat Enterprise Agreement 2013-2015. The application was brought by the employer, seeking the court's endorsement of the proposed agreement which outlined terms and conditions of employment for the employees of the childcare service. The nature of the dispute was primarily concerned with whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission was required to ensure that the agreement complied with the provisions regarding procedural fairness, and that it was not contrary to public policy.

The central legal issues before the Commission were whether the agreement had been fairly negotiated and if it contained all the mandatory terms required by law. The employer argued that the agreement had been negotiated in good faith and that all necessary procedural steps had been followed. The Commission had to examine the evidence presented regarding the negotiation process and assess whether the agreement was consistent with the legislative framework. Furthermore, the Commission needed to determine whether the proposed agreement included all the mandatory terms, such as minimum wages, penalties rates, and other entitlements.

The Commission found that the agreement had been negotiated in good faith and that the employer had followed appropriate procedures. The evidence presented demonstrated that the employer had engaged with the employees' representatives and made reasonable efforts to reach a consensus. The Commission also confirmed that the proposed agreement included all the mandatory terms required by law. As a result, the Fair Work Commission approved the Kids Retreat Enterprise Agreement 2013-2015, recognising it as a valid and binding agreement between the employer and the employees. This decision provided clarity and legal certainty for both parties, ensuring compliance with the relevant industrial relations legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established