Rosie’s Early Learning Pty Ltd Summary

[2013] FWCA 6803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rosie’s Early Learning Pty Ltd
(AG2013/9081)

ROSIE’S EARLY LEARNING PTY LTD ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILLIAMS	PERTH, 12 SEPTEMBER 2013

Application for approval of the Rosie’s Early Learning Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rosie’s Early Learning Pty Ltd 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 Rosie’s Early Learning 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] 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 19 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Rosie’s Early Learning Pty Ltd applied to the Fair Work Commission for approval of the 2013 Enterprise Agreement. The agreement was intended to govern the employment terms and conditions of the company's employees. The dispute arose as the company and the relevant unions could not reach an agreement on specific terms and conditions, necessitating the intervention of the Fair Work Commission.

The legal issues before the court included whether the terms of the proposed agreement complied with the Fair Work Act 2009, whether the agreement was made in good faith, and if it provided fair and reasonable terms and conditions of employment. The court also had to consider if the agreement covered all necessary aspects of the employment relationship and if it was appropriately negotiated.

In examining the application, the Fair Work Commission assessed the agreement against statutory requirements, including the principles of good faith bargaining and the provision of fair and reasonable terms. The Commission found that the agreement met the necessary legal standards and was made in good faith. It also concluded that the terms and conditions provided were fair and reasonable, covering all essential aspects of employment.

The Fair Work Commission approved the Rosie’s Early Learning Pty Ltd Enterprise Agreement 2013. The decision recognised the agreement as compliant with the Fair Work Act and suitable for implementation. The court's approval marked the end of the bargaining process and allowed the agreement to come into effect, providing a framework for the employment relationship between Rosie’s Early Learning Pty Ltd and its employees.

Rosie’s Early Learning Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established