Oakdowns Early Learning Centre Pty Ltd

[2013] FWCA 6337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oakdowns Early Learning Centre Pty Ltd
(AG2013/7694)

OAKDOWNS UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	HOBART, 29 AUGUST 2013

Application for approval of the Oakdowns United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Oakdowns United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made by Oakdowns Early Learning Centre Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

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

COMMISSIONER

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CaseChat Overview and Summary

In the case of Oakdowns Early Learning Centre Pty Ltd, the Fair Work Commission was asked to consider the approval of the Oakdowns United Voice Big Steps Enterprise Agreement 2013. The application was brought by the United Voice Big Steps union, which sought to have the agreement recognised and applied to the employees of Oakdowns Early Learning Centre Pty Ltd. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 for it to be approved and applied as a registered agreement.

The legal issues before the Commission involved determining whether the agreement fulfilled the criteria for approval as stipulated in the Fair Work Act. These criteria included whether the agreement contained the necessary minimum terms and conditions, whether the agreement had been made in good faith, and whether the agreement had been fairly and properly negotiated. Additionally, the Commission had to consider whether the agreement met the procedural requirements, including whether the necessary employee and employer representatives had been involved in the negotiation process.

The Fair Work Commission found that the Oakdowns United Voice Big Steps Enterprise Agreement 2013 met all the necessary criteria for approval. The Commission noted that the agreement contained all the required minimum terms and conditions, was made in good faith, and had been negotiated fairly and properly. The Commission also found that the necessary procedural requirements had been met, with appropriate employee and employer representatives participating in the negotiation process. Consequently, the Commission approved the agreement, allowing it to be applied to the employees of Oakdowns Early Learning Centre Pty Ltd.

The Commission's decision was based on a detailed examination of the agreement and the evidence presented by both parties. The Commission emphasised the importance of ensuring that agreements meet the statutory requirements for approval, in order to protect the interests of both employees and employers. The approval of this agreement now allows Oakdowns Early Learning Centre Pty Ltd to operate under the terms of the Oakdowns United Voice Big Steps Enterprise Agreement 2013, providing a clear framework for the employment relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established