MFA Medical Pty Ltd, CLJ Properties Pty Ltd and Fine Estates (Qld) Pty Ltd T/A Herston First Steps Child Care Centre

[2013] FWCA 7448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MFA Medical Pty Ltd, CLJ Properties Pty Ltd and Fine Estates (Qld) Pty Ltd T/A Herston First Steps Child Care Centre
(AG2013/9353)

MFA MEDICAL PTY LTD, CLJ PROPERTIES PTY LTD AND FINE ESTATES (QLD) PTY LTD TRADING AS HERSTON FIRST STEPS CHILD CARE CENTRE - EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER BISSETT	BRISBANE, 25 SEPTEMBER 2013

Application for approval of the MFA Medical Pty Ltd, CLJ Properties Pty Ltd and Fine Estates (Qld) Pty Ltd trading as Herston First Steps Child Care Centre - Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the MFA Medical Pty Ltd, CLJ Properties Pty Ltd and Fine Estates (Qld) Pty Ltd trading as Herston First Steps Child Care 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). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] The 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), I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 2 October 2013. The nominal expiry date of the Agreement is 25 September 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by MFA Medical Pty Ltd, CLJ Properties Pty Ltd, and Fine Estates (Qld) Pty Ltd, trading as Herston First Steps Child Care Centre, seeking approval of their 2013 Early Years Quality Fund Enterprise Agreement. The application was heard by the Fair Work Commission, which is tasked with approving and registering enterprise agreements to ensure they meet specific criteria under the Fair Work Act 2009. The applicant sought to establish an agreement that would govern the terms and conditions of employment for their employees who are part of the early years quality fund.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement fairly reflected the terms and conditions of employment, and if it was made in good faith. The Commission also had to consider whether the agreement contained all the mandated terms and conditions, and if it allowed for genuine employee representation. Additionally, the Commission examined whether the agreement met the procedural requirements, including the proper consultation and negotiation processes.

In reaching its decision, the Commission analysed the content of the proposed agreement, the process through which it was negotiated, and the evidence presented regarding good faith and fairness. The Commission found that the agreement contained all the necessary terms and conditions and was made in good faith, with appropriate consultation and negotiation processes. The evidence showed that the agreement was fair and reflected the terms and conditions of employment for the employees involved. Consequently, the Commission approved the Early Years Quality Fund Enterprise Agreement 2013. The Commission's approval was based on the comprehensive compliance of the agreement with the statutory requirements and the demonstration of a fair and balanced negotiation process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established