The Gowrie (Qld) Inc

[2013] FWCA 6166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Gowrie (Qld) Inc
(AG2013/2425)

LOVE STREET SESSIONAL KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 27 AUGUST 2013

Application for approval of the Love Street Sessional Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Love Street Sessional Kindergarten Early Childhood Education 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 The Gowrie (Qld) Inc. 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 Independent Education Union of Australia, 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. In accordance with s.54(1) it will operate from 3 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Gowrie (Qld) Inc was a case before the Fair Work Commission where the applicant sought approval for the Love Street Sessional Kindergarten Early Childhood Education Enterprise Agreement 2013. This agreement aimed to govern the terms and conditions of employment for early childhood education employees within the specified enterprise. The dispute centred on the procedural fairness of the bargaining process and whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement was genuinely bargained for and whether the process followed was fair and appropriate. The Commission had to determine if the applicant demonstrated procedural fairness in the bargaining process and if the agreement was certified as a single, indivisible package. Additionally, the Commission needed to consider if the agreement met the minimum standards prescribed by the Fair Work Act, including provisions for employee entitlements and conditions.

The Fair Work Commission examined the evidence presented regarding the bargaining process and found that the applicant had taken reasonable steps to ensure that the agreement was genuinely bargained for. The Commission concluded that procedural fairness had been achieved, and the bargaining process was appropriate. The Commission also determined that the agreement satisfied the minimum standards of the Fair Work Act and was an indivisible package. Consequently, the Commission approved the Love Street Sessional Kindergarten Early Childhood Education Enterprise Agreement 2013.

The Commission's decision was based on the evidence provided and the compliance of the agreement with the relevant legislative requirements. The final orders included the approval of the agreement, with the understanding that it would be effective from the date of the Commission's decision and would apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established