WTT Holdings Pty Ltd T/A Creative Garden Early Learning Centres; WTTS Operations Pty Ltd T/A Creative Garden Early Learning Centres

[2013] FWCA 7619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WTT Holdings Pty Ltd T/A Creative Garden Early Learning Centres; WTTS Operations Pty Ltd T/A Creative Garden Early Learning Centres
(AG2013/8705)

CREATIVE GARDEN ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 SEPTEMBER 2013

Application for approval of the Creative Garden Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Creative Garden 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 WTT Holdings Pty Ltd T/A Creative Garden Early Learning Centres; WTTS Operations Pty Ltd T/A Creative Garden Early Learning Centres. The Agreement is a multi-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] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the applicants, WTT Holdings Pty Ltd and WTTS Operations Pty Ltd, trading as Creative Garden Early Learning Centres, seeking approval for the Creative Garden Enterprise Agreement 2013. The applicants sought to have the agreement certified as a single, simplified, and low-paid enterprise agreement under the Fair Work Act 2009. The nature of the dispute centred on whether the proposed agreement met the necessary requirements for approval, including provisions for wages, conditions, and the overall fairness of the agreement for the employees involved.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements for certification as a simplified agreement. Specifically, the Commission had to determine whether the agreement provided for adequate wages and conditions, including whether it allowed for a lower rate of pay for certain employees based on their experience and qualifications, and whether it was fair and reasonable in all its terms. The Commission also needed to assess whether the agreement had been genuinely negotiated between the applicants and the employees' representatives.

The Fair Work Commission found that the proposed agreement did meet the statutory requirements for approval. The Commission concluded that the agreement provided for fair and reasonable wages and conditions, including the lower rate of pay for certain employees, which was justified based on their experience and qualifications. The Commission also determined that the agreement had been genuinely negotiated, as evidenced by the submissions and the process outlined in the application. Consequently, the Commission approved the Creative Garden Enterprise Agreement 2013 as a simplified, low-paid enterprise agreement.

The Commission's final order was that the Creative Garden Enterprise Agreement 2013 be approved as a simplified, low-paid enterprise agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision, and the applicants were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established