Shoremount Pty Ltd T/A Playmate Daycare and Kindergarten

[2013] FWCA 5825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Shoremount Pty Ltd T/A Playmate Daycare and Kindergarten
(AG2013/7834)

SHOREMOUNT PTY LTD TRADING AS PLAYMATE DAYCARE AND KINDERGARTEN ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 20 AUGUST 2013

Application for approval of the Shoremount PTY LTD Trading as Playmate Daycare and Kindergarten Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Shoremount PTY LTD Trading as Playmate Daycare and Kindergarten Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by United Voice.

[2] On the basis of the material before me, 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 and, in accordance with s.54, will operate from 27 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Shoremount Pty Ltd, trading as Playmate Daycare and Kindergarten, to have their Enterprise Agreement 2013 approved by the court. The application was made to the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia. The applicant sought approval of the agreement to ensure its compliance with the Fair Work Act 2009 and to validate the terms and conditions it sets forth for the employees.

The primary legal issue before the court was whether the Enterprise Agreement 2013 complied with the statutory requirements outlined in the Fair Work Act 2009. This involved assessing whether the agreement was genuinely a product of bargaining between the employer and the employees, whether it met the criteria for ‘single interest’ bargaining, and if it contained all the necessary terms as specified by the Act. Additionally, the court had to determine if the agreement provided fair and reasonable terms for the employees, including provisions for pay, conditions, and dispute resolution.

The Fair Work Commission examined the evidence presented by the parties and reviewed the contents of the Enterprise Agreement 2013. The Commission concluded that the agreement met the statutory requirements and was genuinely negotiated between the employer and the employees. It was found that the agreement was made in good faith and contained all the mandatory terms as required by the Fair Work Act 2009. The Commission also determined that the agreement provided fair and reasonable terms for the employees, including adequate provisions for pay, conditions, and dispute resolution. Consequently, the application for approval was successful, and the Enterprise Agreement 2013 was approved.

The Fair Work Commission ordered that the Enterprise Agreement 2013 be approved and registered, thereby legally binding Shoremount Pty Ltd and the employees covered by the agreement. This decision ensures that the terms and conditions set forth in the agreement are enforceable and that the employees are protected under the approved terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established