Westbrook Child Care Centre Pty Ltd AFT Westbrook Child Care Centre Trust T/A Westbrook Child Care Centre Summary

[2013] FWCA 6375

FAIR WORK COMMISSION

DECISION

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

Westbrook Child Care Centre Pty Ltd AFT Westbrook Child Care Centre Trust T/A Westbrook Child Care Centre
(AG2013/8677)

WESTBROOK CHILD CARE CENTRE AND ITS EMPLOYEES ENTERPRISE AGREEMENT 2013-2015

Children's services
COMMISSIONER BOOTH	BRISBANE, 30 AUGUST 2013

Application for approval of the Westbrook Child Care Centre and its Employees Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single enterprise agreement known as the Westbrook Child Care Centre and its Employees Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Westbrook Child Care Centre Pty Ltd AFT Westbrook Child Care Centre Trust T/A Westbrook Child Care Centre.

[2] On the basis of the material before me, 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, will operate from 6 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Westbrook Child Care Centre Pty Ltd AFT Westbrook Child Care Centre Trust T/A Westbrook Child Care Centre, the Fair Work Commission was tasked with approving an enterprise agreement between the childcare centre and its employees for the period 2013-2015. The application for approval was brought before the Commission in accordance with the Fair Work Act 2009. The dispute centred on the specific terms of the enterprise agreement and whether they adhered to the legislative framework governing such agreements.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval, including whether it provided for the minimum entitlements as stipulated by the Fair Work Act, and whether it had been fairly negotiated. The Commission also needed to consider if the agreement contained terms that were discriminatory or otherwise unfair to the employees.

In delivering its decision, the Commission examined the specific provisions of the enterprise agreement and compared them to the statutory minimum standards. The Commission found that the proposed agreement did indeed provide for the minimum entitlements required by the Fair Work Act. Furthermore, the evidence presented suggested that the agreement had been negotiated in good faith, with both parties participating in the process. Consequently, the Commission approved the Westbrook Child Care Centre and its Employees Enterprise Agreement 2013-2015, confirming its compliance with the relevant legislation and its fair negotiation. This decision ensures that the employees of the childcare centre will be governed by the terms of the approved agreement, providing them with the protections and benefits outlined within it.

Westbrook Child Care Centre Pty Ltd AFT Westbrook Child Care Centre Trust T/A Westbrook Child Care Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established