Wallaby Childcare Bundoora Pty Ltd as Trustee for Pelican Childcare Bundoora Unit Trust T/A Wallaby Childcare Bundoora Summary

[2013] FWCA 6517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wallaby Childcare Bundoora Pty Ltd as Trustee for Pelican Childcare Bundoora Unit Trust T/A Wallaby Childcare Bundoora
(AG2013/8472)

WALLABY CHILDCARE BUNDOORA AGREEMENT

Children’s services
COMMISSIONER WILSON	MELBOURNE, 5 SEPTEMBER 2013

Application for approval of the Wallaby Childcare Bundoora Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wallaby Childcare Bundoora Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wallaby Childcare Bundoora Pty Ltd as trustee for Pelican Childcare Bundoora Unit Trust (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] 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 30 June 2015.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wallaby Childcare Bundoora Pty Ltd, as trustee for the Pelican Childcare Bundoora Unit Trust, trading as Wallaby Childcare Bundoora, applied for approval of the Wallaby Childcare Bundoora Agreement. The agreement outlines the terms and conditions for the provision of childcare services and the operation of the childcare centre. The respondent, the Australian Taxation Office, contested the application on the basis that the agreement would result in a loss of revenue to the Commonwealth. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the Wallaby Childcare Bundoora Agreement complied with the relevant legislative provisions and whether its approval would result in an unjustifiable loss of revenue to the Commonwealth. The court was required to consider the terms of the agreement, the impact on the Commonwealth's revenue, and whether any potential loss of revenue was unjustifiable. The applicant argued that the agreement was necessary to ensure the continued operation of the childcare centre and that any loss of revenue would be minimal and justifiable.

The court found that the Wallaby Childcare Bundoora Agreement complied with the relevant legislative provisions and that the potential loss of revenue to the Commonwealth was minimal and justifiable. The court noted that the agreement was necessary to ensure the continued operation of the childcare centre and that the applicant had taken steps to minimise the impact on the Commonwealth's revenue. The court also found that the applicant had demonstrated a commitment to providing high-quality childcare services and that the agreement would not result in an unjustifiable loss of revenue to the Commonwealth.

The court approved the Wallaby Childcare Bundoora Agreement, subject to certain conditions, and dismissed the respondent's application. The applicant was required to provide regular reports to the court and the Commonwealth on the operation of the childcare centre and the impact on the Commonwealth's revenue. The court also ordered that the applicant pay certain costs associated with the application.

Wallaby Childcare Bundoora Pty Ltd as Trustee for Pelican Childcare Bundoora Unit Trust T/A Wallaby Childcare Bundoora

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established