Toronto Early Learning Centre Pty Ltd

[2013] FWCA 8071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toronto Early Learning Centre Pty Ltd
(AG2013/2961)

TORONTO EARLY LEARNING CENTRE PTY. LTD. ENTERPRISE AGREEMENT 2013-2017

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 15 OCTOBER 2013

Application for approval of the Toronto Early Learning Centre Pty. Ltd. Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Toronto Early Learning Centre Pty. Ltd. Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toronto Early Learning Centre Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which concerns a number of clauses in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2013. The nominal expiry date of the Agreement is 15 October 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Toronto Early Learning Centre Pty Ltd, an early childhood education and care provider, and its application for approval of the Enterprise Agreement 2013-2017. The matter was heard in the Fair Work Commission, Australia’s national workplace relations tribunal. The dispute centred on whether the proposed enterprise agreement met the legal criteria for approval, specifically focusing on the process followed in reaching the agreement and the provisions within it.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and employees, and whether the agreement contained provisions that were fair and reasonable. Additionally, the Commission examined whether the agreement adequately reflected the needs and interests of the employees and if the agreement was in compliance with the Fair Work Act 2009.

In its decision, the Fair Work Commission found that the application for approval was valid as the agreement was genuinely negotiated and contained fair and reasonable terms. The Commission noted that while the agreement had some procedural issues, they did not materially affect the overall fairness of the agreement. The Commission also determined that the agreement provided adequate protections and benefits for the employees and met the requirements of the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement 2013-2017, allowing it to be registered and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established