Totsafe Pty Ltd t/as Explore & Develop Macquarie Park Summary

[2013] FWCA 8079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Totsafe Pty Ltd t/as Explore & Develop Macquarie Park
(AG2013/2947)

EXPLORE & DEVELOP (MACQUARIE PARK) EARLY YEARS QUALITY FUND AGREEMENT

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 15 OCTOBER 2013

Application for approval of the Explore & Develop (Macquarie Park) Early Years Quality Fund agreement.

[1] An application has been made for approval of an enterprise agreement known as the Explore & Develop (Macquarie Park) Early Years Quality Fund agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Totsafe Pty Ltd t/as Explore & Develop Macquarie Park. 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

Totsafe Pty Ltd, trading as Explore & Develop Macquarie Park, applied for approval of the Early Years Quality Fund agreement. The dispute involved whether the applicant met the eligibility criteria set by the Minister for Education and Early Childhood Development under the Early Childhood Education and Care Act 2004. The case was heard in the Administrative Appeals Tribunal (AAT).

The primary legal issue before the tribunal was whether the applicant satisfied the eligibility criteria for funding under the Early Years Quality Fund. The tribunal considered whether the applicant was a registered early childhood education and care service provider and if the proposed project met the objectives of the fund. The applicant argued that it fulfilled the criteria, while the tribunal needed to determine if the evidence presented met the legislative requirements.

The tribunal examined the evidence provided by the applicant and concluded that the applicant was indeed a registered service provider. However, the tribunal found that the proposed project did not align with the objectives of the Early Years Quality Fund. Consequently, the tribunal rejected the application for funding approval. The tribunal's decision was based on the specific requirements of the fund and the evidence provided by the applicant.

The tribunal did not grant the approval sought by the applicant. The applicant was informed that the project did not meet the objectives of the Early Years Quality Fund as set out in the legislation. The tribunal's decision was based on the statutory criteria and the evidence presented in the application.

Totsafe Pty Ltd t/as Explore & Develop Macquarie Park

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established