My World Child Development (Beaconsfield Ave) Pty Ltd

[2013] FWCA 6900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

My World Child Development (Beaconsfield Ave) Pty Ltd
(AG2013/9221)

MY WORLD CHILD DEVELOPMENT (BEACONSFIELD AVE) ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILLIAMS	PERTH, 12 SEPTEMBER 2013

Application for approval of the My World Child Development (Beaconsfield Ave) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the My World Child Development (Beaconsfield Ave) 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 My World Child Development (Beaconsfield Ave) Pty Ltd. The Agreement is a single-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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

My World Child Development (Beaconsfield Ave) Pty Ltd applied to the Fair Work Commission for approval of the My World Child Development (Beaconsfield Ave) Enterprise Agreement 2013. The applicant argued that the agreement contained all required provisions and had been fairly negotiated. The Australian Education, State and Tertiary Union, a party to the agreement, did not object to the application. However, the Australian Education, State and Tertiary Union (Victorian Branch) raised concerns about the agreement, claiming it did not comply with certain legislative requirements and that it had not been fairly negotiated.

The Fair Work Commission considered the statutory requirements for the approval of enterprise agreements, focusing on whether the agreement met all necessary conditions and whether it had been fairly negotiated. The Commission examined the content of the agreement and the process through which it was negotiated, assessing whether there was sufficient evidence of a genuine attempt to negotiate in good faith. The Commission also evaluated whether the agreement provided adequate protections for employees, including provisions on wages, conditions, and dispute resolution mechanisms.

The Commission found that the agreement contained all the necessary provisions and had been negotiated in good faith. The Commission held that there was sufficient evidence to demonstrate that the parties had engaged in genuine negotiations. The Commission further found that the agreement provided adequate protections for employees and complied with the relevant legislative requirements. Consequently, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the My World Child Development (Beaconsfield Ave) Enterprise Agreement 2013 to be registered. The Commission determined that the agreement met all necessary legislative requirements and had been fairly negotiated. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established