The Trustee for Childcare Property Development Services Trust Summary

[2013] FWCA 7137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Childcare Property Development Services Trust
(AG2013/2823)

NURTUREONE EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT - 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 18 SEPTEMBER 2013

Application for approval of the NurtureOne Early Years Quality Fund Enterprise Agreement - 2013.

[1] An application has been made for approval of an enterprise agreement known as the NurtureOne 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) by the Trustee for Childcare Property Development Services Trust. 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] United Voice and the Independent Education Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the case involving the Trustee for the Childcare Property Development Services Trust and NurtureOne Early Years Quality Fund came before the court for the approval of the NurtureOne Early Years Quality Fund Enterprise Agreement - 2013. The dispute centred on the terms of the proposed agreement between the parties, with the Trustee seeking court approval under the Fair Work Act 2009. The applicant argued that the agreement would ensure better working conditions and facilitate the provision of quality early childhood education services.

The legal issues before the court involved the assessment of whether the proposed agreement complied with the statutory requirements of the Fair Work Act and whether it would serve the public interest. The court had to determine if the agreement's terms were fair and reasonable, and whether it would lead to improved outcomes for the employees and the broader community. The central question was whether the agreement's provisions were in line with the objectives of the Fair Work Act and the need to maintain a balance between the interests of employers and employees.

The court considered the submissions from both parties and reviewed the terms of the proposed agreement. It found that the agreement met the necessary criteria under the Fair Work Act, providing fair and reasonable terms that would benefit the employees and support the delivery of quality early childhood education services. The court concluded that the agreement was in the public interest and approved the NurtureOne Early Years Quality Fund Enterprise Agreement - 2013. The approval was based on the agreement's potential to improve working conditions and enhance the quality of services provided by the respondent.

The Trustee for Childcare Property Development Services Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established