DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Revesby Workers Club Ltd T/A The Tree House Early Childhood Centre
(AG2015/4307)

THE TREE HOUSE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER JOHNS	CANBERRA, 20 OCTOBER 2015

Application for approval of the The Tree House Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tree House Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). 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] 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. As required by 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 27 October 2015. The nominal expiry date of the Agreement is 27 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Revesby Workers Club Limited, trading as The Tree House Early Childhood Centre, applied for the approval of the Tree House Enterprise Agreement 2015. The applicants argued that the agreement fairly reflected the conditions of employment for the employees covered by it. The dispute centred on whether the agreement complied with the statutory requirements for approval under the Fair Work Act 2009. The Commission had to determine if the agreement met the criteria for being deemed appropriately certified and registered, and if it provided fair and reasonable terms for the employees.

The legal issues revolved around the procedural fairness of the agreement and whether the appropriate consultation processes were followed. Key considerations included the extent of employee involvement in the negotiation process, the fairness of the terms proposed, and compliance with statutory requirements. The Commission examined the evidence provided regarding the negotiation process, the level of employee engagement, and the content of the agreement itself. The focus was on ensuring that the agreement was not only procedurally sound but also substantively fair to the employees.

The Fair Work Commission found that the negotiation process was fair and that employees had been adequately consulted. The Commission concluded that the agreement contained terms that were fair and reasonable, taking into account the nature of the workplace and the industry standards. The evidence demonstrated that the agreement reflected the conditions of employment in a fair manner and complied with the statutory requirements for approval. Consequently, the Commission approved the Tree House Enterprise Agreement 2015.

Revesby Workers Club Ltd T/A The Tree House Early Childhood Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established