Sunrush Pty Ltd T/A Gaven Early Learning

[2013] FWCA 6640

FAIR WORK COMMISSION

DECISION

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

Sunrush Pty Ltd T/A Gaven Early Learning
(AG2013/8733)

GAVEN EARLY LEARNING CENTRE - EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	PERTH, 5 SEPTEMBER 2013

Application for approval of the Gaven Early Learning Centre - Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gaven Early Learning Centre - Early Years Quality Fund 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 Sunrush Pty Ltd T/A Gaven Early Learning. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 5 September 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sunrush Pty Ltd, trading as Gaven Early Learning, applied for approval of the Gaven Early Learning Centre - Early Years Quality Fund Enterprise Agreement 2013. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements under the Fair Work Act 2009. The applicant, Sunrush, argued that the agreement was in the best interests of the employees and the business.

The legal issues before the court were whether the agreement complied with the Fair Work Act, particularly in relation to the provision of minimum entitlements and the process by which the agreement was made. The court considered whether the agreement was made in good faith, whether it covered the correct bargaining unit, and whether the agreement provided for minimum entitlements as required by the Act.

In reaching its decision, the Commission noted that the agreement had been negotiated in good faith and covered the correct bargaining unit. The Commission also found that the agreement provided for all minimum entitlements required by the Act, including provisions for wages, leave, and other employment conditions. The Commission concluded that the agreement was in the best interests of both the employees and the employer and approved the agreement. The Commission found that the agreement met all statutory requirements and would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the Gaven Early Learning Centre - Early Years Quality Fund Enterprise Agreement 2013, finding that it complied with the Fair Work Act and was in the best interests of the employees and the employer. The Commission's decision was based on its findings that the agreement was made in good faith, covered the correct bargaining unit, and provided for all minimum entitlements required by the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established