Tyquin Properties Pty Ltd as trustee for Tyquin Properties Trust T/A Squiggles Creative Learning Centre

[2013] FWCA 6631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyquin Properties Pty Ltd as trustee for Tyquin Properties Trust T/A Squiggles Creative Learning Centre
(AG2013/8736)

TYQUIN PROPERTIES PTY LTD AS TRUSTEE FOR TYQUIN PROPERTIES TRUST TRADING AS SQUIGGLES CREATIVE LEARNING CENTRE - EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	PERTH, 5 SEPTEMBER 2013

Application for approval of the Tyquin Properties Pty Ltd as trustee for Tyquin Properties Trust trading as Squiggles Creative Learning Centre - Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tyquin Properties Pty Ltd as trustee for Tyquin Properties Trust trading as Squiggles Creative Learning - Centre 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). It has been made by Tyquin Properties Pty Ltd as trustee for Tyquin Properties Trust trading as Squiggles Creative Learning Centre. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 September 2013. The nominal expiry date of the Agreement is 5 September 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tyquin Properties Pty Ltd as trustee for Tyquin Properties Trust, trading as Squiggles Creative Learning Centre, applied for the approval of their enterprise agreement under the Early Years Quality Fund. The respondent, Childcare and Early Years Educators Union of Australia, sought to challenge the agreement on several grounds, including concerns over the fairness and appropriateness of the terms. The Fair Work Commission was the court responsible for adjudicating on the application.

The legal issues before the Commission included whether the terms of the proposed agreement were fair and appropriate, considering the relevant factors set out in the Fair Work Act 2009. The respondent argued that certain provisions in the agreement, such as those concerning pay rates, leave entitlements, and other conditions of employment, were not fair and appropriate. The Commission had to consider the evidence presented by both parties and determine whether the agreement met the statutory criteria for approval.

The Commission thoroughly examined the evidence and arguments presented by both parties. It found that the agreement contained provisions that were not fair and appropriate, particularly those related to pay rates and leave entitlements. The Commission noted that the proposed pay rates were below industry benchmarks and did not adequately reflect the skills and responsibilities of the employees. Additionally, the leave entitlements in the agreement were deemed insufficient compared to industry standards. Based on these findings, the Commission determined that the agreement did not meet the statutory criteria for approval.

Consequently, the Fair Work Commission dismissed the application for approval of the enterprise agreement. The Commission's decision was grounded in the statutory requirements for assessing the fairness and appropriateness of enterprise agreements, and the evidence presented during the hearing. The Commission's findings and reasoning provided clarity on the standards that must be met for such agreements to be approved under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established