Stabilozo Pty Ltd T/A Glorykids Childcare & Kindergarten

[2013] FWCA 7507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stabilozo Pty Ltd T/A Glorykids Childcare & Kindergarten
(AG2013/9467)

STABILOZO PTY LTD ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER BISSETT	BRISBANE, 26 SEPTEMBER 2013

Application for approval of the Stabilozo Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stabilozo Pty Ltd 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 Agreement is approved. In accordance with s.54(1) it will operate from 3 October 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

Stabilozo Pty Ltd, trading as Glorykids Childcare & Kindergarten, applied to the Fair Work Commission for the approval of the Stabilozo Pty Ltd Enterprise Agreement 2013. The dispute centred on whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was a genuine bargain, if it contained necessary minimum terms and conditions, and if it was free from prohibited content.

The central legal issues included whether the agreement was genuinely negotiated and not the product of any form of undue influence or coercion. Additionally, the Commission examined if the agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act. The court also needed to ensure that the agreement did not include any content that was prohibited under the Act, such as terms that were against public policy or discriminatory in nature.

The Fair Work Commission found that the agreement was a genuine bargain, negotiated in good faith, and contained all the necessary minimum terms and conditions. The Commission determined that there was no evidence of undue influence or coercion, and all provisions complied with the legal requirements. The agreement was free from prohibited content and was therefore approved. The Commission emphasised the importance of ensuring that agreements are genuinely negotiated and contain all necessary terms to protect the interests of employees and employers alike.

As a result of the Commission's findings, the Stabilozo Pty Ltd Enterprise Agreement 2013 was approved and registered. This decision provides clarity for future enterprise agreements in similar contexts, reinforcing the importance of genuine negotiation and compliance with statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established