Rettman Pty Ltd as trustee for the P Everett Trust Summary

[2013] FWCA 6731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rettman Pty Ltd as trustee for the P Everett Trust
(AG2013/9155)

WAROOGA CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILLIAMS	PERTH, 9 SEPTEMBER 2013

Application for approval of the Warooga Child Care Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Warooga Child Care Centre 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 Rettman Pty Ltd as trustee for the P Everett Trust. 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 16 September 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

Rettman Pty Ltd as trustee for the P Everett Trust applied to the Fair Work Commission for approval of the Warooga Child Care Centre Enterprise Agreement 2013. The applicant, Rettman, sought approval of the enterprise agreement that had been negotiated with the relevant unions. The unions, however, did not support the application. The Commission was required to determine whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission needed to consider whether the agreement had been genuinely negotiated and whether the necessary steps had been taken to secure union support. Substantively, the Commission had to assess whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or safety nets. The unions argued that the agreement did not meet the necessary standards for approval on both fronts.

The Fair Work Commission found that the agreement had been genuinely negotiated and that the applicant had taken reasonable steps to secure union support. However, the Commission noted that the unions had not provided specific details as to why they did not support the agreement. The Commission concluded that, despite the lack of union support, the agreement met the statutory safety net and provided for terms and conditions that were at least as favourable as the relevant awards. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Warooga Child Care Centre Enterprise Agreement 2013, notwithstanding the lack of union support. The Commission found that the agreement was genuinely negotiated and met the statutory safety net. The applicant was granted leave to apply for approval of the agreement, and the application was ultimately successful.

Rettman Pty Ltd as trustee for the P Everett Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established