The Goanna Patch Pty Ltd T/A The Goanna Patch Kindergarten

[2013] FWCA 6581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Goanna Patch Pty Ltd T/A The Goanna Patch Kindergarten
(AG2013/8579)

GOANNA PATCH PTY LTD ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 4 SEPTEMBER 2013

Application for approval of the Goanna Patch Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goanna Patch Pty Ltd Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Goanna Patch Pty Ltd trading as The Goanna Patch Kindergarten. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from The Goanna Patch Pty Ltd trading as The Goanna Patch Kindergarten. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Goanna Patch Pty Ltd T/A The Goanna Patch Kindergarten applied for approval of its 2013 Enterprise Agreement. The application was made to the Fair Work Commission, which oversees the approval of enterprise agreements under the Fair Work Act 2009. The dispute involved whether the agreement complied with the requirements of the Act and whether it was fair and reasonable in all its terms. The applicant argued that the agreement was necessary to regulate the working conditions of employees, including teachers and administrative staff, at the kindergarten.

The legal issues before the Commission were whether the agreement met the statutory criteria for approval, including that it did not prejudice the resolution of industrial disputes, it did not have an adverse effect on employees, and it was made in good faith. The Commission also had to consider whether the agreement contained appropriate dispute resolution processes, and whether the parties had genuinely negotiated the terms of the agreement. The applicant needed to demonstrate that the agreement was fair and reasonable, taking into account the needs of the business, the interests of the employees, and the broader community.

The Commission found that the agreement met the statutory criteria and was fair and reasonable in all its terms. The Commission noted that the agreement contained appropriate dispute resolution processes, and that the parties had genuinely negotiated the terms of the agreement. The Commission also found that the agreement did not have an adverse effect on employees, and that it was made in good faith. The Commission approved the agreement, noting that it would provide a fair and effective framework for regulating the working conditions of employees at the kindergarten.

The Fair Work Commission approved the Goanna Patch Pty Ltd Enterprise Agreement 2013, finding that it met the statutory criteria and was fair and reasonable in all its terms. The Commission found that the agreement contained appropriate dispute resolution processes, and that the parties had genuinely negotiated the terms of the agreement. The Commission also found that the agreement did not have an adverse effect on employees, and that it was made in good faith. The approval of the agreement will provide a framework for regulating the working conditions of employees at the kindergarten, and will ensure that the business can operate effectively while protecting the interests of its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established