The Trustee for Petali Trust T/A Katherine Tree Maintenance

[2013] FWCA 7132

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2799)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - KEITHCOT FARM CHILDREN'S CENTRE ENTERPRISE AGREEMENT 2013

Children's services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 SEPTEMBER 2013

Application for approval of the Big Steps In Early Childhood Education and Care SA United Voice - Keithcot Farm Children's Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Big Steps In Early Childhood Education and Care SA United Voice - Keithcot Farm Children's Centre 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 United Voice and Keithcot Farm Children’s Centre. 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, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 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

The matter before the court involved the Trustee for Petali Trust, trading as Katherine Tree Maintenance, and SA United Voice. The dispute centred on the approval of the Big Steps In Early Childhood Education and Care Enterprise Agreement 2013 for the Keithcot Farm Children's Centre. The parties sought the court's determination on whether the agreement met the necessary legal requirements for approval under the relevant legislation. The case was heard in the Fair Work Commission, which has jurisdiction over employment agreements and industrial matters in Australia.

The primary legal issue before the court was whether the agreement was compliant with the relevant provisions of the Fair Work Act 2009. This included examining if the agreement had been made in good faith, covered all necessary terms, and did not undermine the rights of employees. Additionally, the court had to determine whether the agreement adequately represented the interests of the employees and if it adhered to the procedural requirements for its approval. The court's decision hinged on interpreting the statutory framework and ensuring that the agreement was fair and reasonable in the context of the employment relationship.

The court found that the agreement was largely compliant with the statutory requirements. It determined that the agreement had been made in good faith and covered all necessary terms, including those related to remuneration, working conditions, and dispute resolution. The court was satisfied that the agreement did not undermine the rights of employees and adequately represented their interests. Furthermore, the procedural requirements for the approval of the agreement had been met, and there were no significant issues that would prevent its ratification. Based on these findings, the court approved the agreement, ensuring that it would come into effect as intended by the parties.

The final orders of the court were that the Big Steps In Early Childhood Education and Care SA United Voice - Keithcot Farm Children's Centre Enterprise Agreement 2013 be approved and registered with the Fair Work Commission. This decision allowed the agreement to be implemented, providing a clear framework for the employment relationship between the employer and the employees at the Keithcot Farm Children's Centre. The approval signified the court's endorsement of the agreement as a fair and reasonable basis for the parties' future dealings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established