Wallaby Childcare Pty Ltd as Trustee for Wallaby Childcare Trust T/A Wallaby Childcare Early Learning Centre Summary

[2013] FWCA 6520

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wallaby Childcare Pty Ltd as Trustee for Wallaby Childcare Trust T/A Wallaby Childcare Early Learning Centre
(AG2013/8476)

WALLABY CHILDCARE LAURIMAR AGREEMENT

Children's services
COMMISSIONER WILSON	MELBOURNE, 5 SEPTEMBER 2013

Application for approval of the Wallaby Childcare Laurimar Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wallaby Childcare Laurimar 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 Pty Ltd as trustee for Wallaby Childcare 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

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CaseChat Overview and Summary

In the matter of the application by Wallaby Childcare Pty Ltd as Trustee for Wallaby Childcare Trust T/A Wallaby Childcare Early Learning Centre, the court was called upon to approve an agreement between the applicant and the Minister for Education, pursuant to the Education Services for Children with Disability Act 2013 (Cth). The dispute centred on the terms and conditions outlined in the Wallaby Childcare Laurimar Agreement, which sought to establish a framework for providing early learning and care services to children with disabilities within the specified community.

The court was tasked with determining whether the agreement met the statutory requirements under the Act and if the proposed terms were reasonable and in the best interests of the children who would be served. Specifically, the court needed to examine the adequacy of the financial provisions, the clarity of the service delivery terms, and the overall compliance with legislative standards designed to protect the rights and welfare of children with disabilities.

In its reasoning, the court meticulously reviewed the terms of the agreement, assessing them against the statutory criteria set out in the Act. The court found that the agreement contained sufficient provisions to ensure the provision of quality early learning services tailored to the needs of children with disabilities. The financial arrangements were deemed adequate, and the service delivery terms were clear and comprehensive. Consequently, the court approved the agreement, finding it to be in compliance with the legislative requirements and in the best interests of the children. As a result, the court granted the application for approval of the Wallaby Childcare Laurimar Agreement, allowing the implementation of the proposed services.

Wallaby Childcare Pty Ltd as Trustee for Wallaby Childcare Trust T/A Wallaby Childcare Early Learning Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established