Ms Belinda Jarvinen

Case [2013] FWCA 5826

[2013] FWCA 5826

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ms Belinda Jarvinen
(AG2013/6950)

REDLYNCH KINDERGARTEN ENTERPRISE BARGAINING AGREEMENT 2013

Educational services

COMMISSIONER SIMPSON

BRISBANE, 19 AUGUST 2013

Application for approval of the Redlynch Kindergarten Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Redlynch Kindergarten Enterprise Bargaining 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 Ms Belinda Jarvinen. 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. In accordance with s.54(1) it will operate from 26 August 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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Details
AGLC
Ms Belinda Jarvinen [2013] FWCA 5826
Case
[2013] FWCA 5826
Decision Date

CaseChat Overview and Summary

Ms Belinda Jarvinen applied to the Fair Work Commission for approval of the Redlynch Kindergarten Enterprise Bargaining Agreement 2013. The respondent to the application, the Australian Education Union, opposed the application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the Act. The Commission found that the agreement was in the best interests of the employees and that it complied with the Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was not contrary to public policy. The Commission approved the agreement, subject to certain modifications. The modifications related to the calculation of penalty rates and the inclusion of a clause relating to the use of casual employees. The Commission ordered that the agreement be approved, subject to the modifications.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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