Marjorie Mann Lawley Day Care Centre Inc

[2013] FWCA 7930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marjorie Mann Lawley Day Care Centre Inc
(AG2013/10615)

MARJORIE MANN LAWLEY DAY CARE CENTRE INC. ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILLIAMS	PERTH, 10 OCTOBER 2013

Application for approval of the Marjorie Mann Lawley Day Care Centre Inc. Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Marjorie Mann Lawley Day Care Centre Inc. 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 Marjorie Mann Lawley Day Care Centre Inc (the applicant). The Agreement is a singl-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] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The wages included in clause 14 and Schedule D and the allowances contained in clause 15 of the Agreement were based on the rates in the revenant awards prior to the Annual Wage Review 2012-2013 decision 1. The applicant and the employees’ bargaining representative agree to rectify this by way of an undertaking. The Agreement is to be read together with the undertaking given by the applicant in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

SCHEDULE A

1 [[2013] FWCFB 4000].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Marjorie Mann Lawley Day Care Centre Inc applied to the Fair Work Commission for approval of its 2013 Enterprise Agreement. The application arose from negotiations between the centre and its employees represented by the Community and Public Sector Union. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other workplace provisions. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees.

The central legal issues before the Commission were whether the agreement complied with the Fair Work Act’s requirements for enterprise agreements, including provisions on minimum wages, maximum weekly hours, and procedural fairness. Additionally, the Commission had to consider if the agreement provided fair and reasonable terms and conditions for the employees, ensuring it did not disadvantage them. The Commission also examined if the agreement adhered to the "better off overall test," meaning that employees would be no worse off and at least some would be better off financially under the new agreement.

In its decision, the Fair Work Commission found that the proposed agreement met all statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms, ensuring that employees would not be disadvantaged. It also confirmed that the agreement satisfied the "better off overall test" as some employees would benefit from improved conditions and pay. The Commission approved the agreement, emphasising its importance in providing stability and predictability in the workplace.

The Fair Work Commission approved the Marjorie Mann Lawley Day Care Centre Inc Enterprise Agreement 2013. This decision ensured that the agreement would govern the terms and conditions of employment for the employees, providing them with fair and reasonable terms. The approval also facilitated a stable working environment, enhancing the quality of services provided by the day care centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established