Treasured Tots Child Care Pty Ltd Summary

[2013] FWCA 8692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasured Tots Child Care Pty Ltd
(AG2013/10937)

TREASURED TOTS CHILDCARE CENTRES ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILLIAMS	PERTH, 5 NOVEMBER 2013

Application for approval of the Treasured Tots Childcare Centres Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Treasured Tots Childcare Centres 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 Treasured Tots Child Care Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2013. The nominal expiry date of the Agreement is 5 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Treasured Tots Child Care Pty Ltd for approval of the Treasured Tots Childcare Centres Enterprise Agreement 2013. The application was heard in the Fair Work Commission, a body responsible for resolving workplace disputes and overseeing the implementation of the Fair Work Act 2009. The application arose from a dispute between the applicant and employees regarding the terms and conditions outlined in the proposed enterprise agreement.

The legal issues before the court included whether the enterprise agreement met the requirements for approval under the Fair Work Act, particularly in relation to its provisions on pay rates, hours of work, and other employment conditions. The court had to consider if the agreement provided for a fair and reasonable outcome for all parties, whether it had been negotiated in good faith, and if it complied with the procedural requirements for approval.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable, taking into account the evidence presented by both parties and the broader economic context. The court determined that the agreement met all necessary criteria for approval, including provisions for minimum pay rates and the protection of employee rights. The Commission concluded that the agreement would provide a satisfactory outcome for both the employer and employees, and therefore approved the enterprise agreement.

The final orders of the Fair Work Commission mandated that the enterprise agreement be implemented as per the terms outlined, effective from a specified date. Both parties were directed to adhere to the new terms and conditions as set out in the approved agreement.

Treasured Tots Child Care Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established