Orlaley Pty Ltd as trustee for the Tyquin Family Trust T/A Springfield Children’s Development Centre

[2013] FWCA 7417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orlaley Pty Ltd as trustee for the Tyquin Family Trust T/A Springfield Children’s Development Centre
(AG2013/9502)

ORLALEY PTY LTD AS TRUSTEE FOR THE TYQUIN FAMILY TRUST TRADING AS SPRINGFIELD CHILDREN’S DEVELOPMENT CENTRE - EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	BRISBANE, 25 SEPTEMBER 2013

Application for approval of the Orlaley Pty Ltd as trustee for the Tyquin Family Trust trading as Springfield Children’s Development Centre – Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Orlaley Pty Ltd as trustee for the Tyquin Family Trust trading as Springfield Children’s Development 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] 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 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.

[4] 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

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Orlaley Pty Ltd, acting as trustee for the Tyquin Family Trust, trading as the Springfield Children’s Development Centre. The dispute centred on the approval of the Early Years Quality Fund Enterprise Agreement 2013, which governs the terms and conditions of employment for the centre's staff. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the procedural and substantive requirements outlined in the Fair Work Act. Specifically, the Commission needed to assess if the agreement was certified by an independent person, if it was made in good faith, and if it contained the necessary minimum terms and conditions. Additionally, the Commission considered whether the agreement provided fair and reasonable terms that balanced the needs of both employees and employers.

The Fair Work Commission examined the procedural aspects of the agreement, including the certification process and the extent to which the agreement was made without any coercion or undue influence. It also evaluated the substantive provisions of the agreement, ensuring they met the statutory minimum standards and did not unfairly disadvantage any party. Ultimately, the Commission found that the agreement was certified appropriately and was made in good faith. The terms and conditions were deemed fair and reasonable, taking into account the specific needs of the early childhood education sector. Consequently, the Commission approved the Early Years Quality Fund Enterprise Agreement 2013.

In its decision, the Fair Work Commission approved the Early Years Quality Fund Enterprise Agreement 2013 for the Springfield Children’s Development Centre. This approval is effective from the date specified in the agreement and binds all parties involved, including the employer and the employees covered by the agreement. The decision ensures that the terms and conditions of employment are legally compliant and fair, providing a stable framework for the operation of the centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established