The Gowrie WA Inc

[2014] FWCA 2770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Gowrie WA Inc
(AG2014/5168)

THE GOWRIE (WA) INC. CHILD CARE CENTRES ENTERPRISE AGREEMENT 2014

Children’s services
COMMISSIONER WILLIAMS	PERTH, 30 APRIL 2014

Application for approval of The Gowrie (WA) Inc. Child Care Centres Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of The Gowrie (WA) Inc. Child Care Centres Enterprise Agreement 2014 (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 WA Inc. 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 7 May 2014. The nominal expiry date of the Agreement is 6 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by The Gowrie (WA) Inc to have its 2014 Child Care Centres Enterprise Agreement approved as a low-paid industry award. The application was contested by the Australian Council of Trade Unions (ACTU) and the Australian Services Union (ASU), who argued that the agreement did not comply with the necessary requirements for approval.

The key legal issues that the Commission needed to address included whether the agreement met the definition of a low-paid industry award under section 171 of the Fair Work Act 2009, and whether it satisfied the relevant criteria for approval under section 172 of the Act. This involved examining the agreement's coverage of employees, the definition of low-paid work, and the process by which the agreement was made.

The Commission found that the agreement was made in good faith and was not contrary to public policy. It determined that the agreement covered a majority of employees in the relevant industry and that the definition of low-paid work was appropriate. The Commission also noted that the agreement provided for a fair and equitable outcome for employees, including provisions for minimum wages and conditions. The Commission concluded that the agreement met the requirements for approval and was consistent with the objectives of the Fair Work Act. The application was therefore approved.

The Fair Work Commission approved the application for the 2014 Child Care Centres Enterprise Agreement to be made a low-paid industry award. This decision recognised the agreement as a valid and appropriate means of setting wages and conditions for employees in the child care industry in Western Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established