Yaderef Pty Ltd ATF Fereday Family Trust No 2 T/A Cambridge Road Play and Learn Centre

[2013] FWCA 5561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yaderef Pty Ltd ATF Fereday Family Trust No 2 T/A Cambridge Road Play and Learn Centre
(AG2013/7471)

CAMBRIDGE ROAD PLAY AND LEARN CENTRE BIG STEPS ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	HOBART, 9 AUGUST 2013

Application for approval of the Cambridge Road Play and Learn Centre Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Cambridge Road Play and Learn Centre Big Steps Enterprise Agreement 2013 (the Agreement). The application was made by Yaderef Pty Ltd ATF Fereday Family Trust No 2 T/A Cambridge Road Play and Learn Centre pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[5] 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) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 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

Yaderef Pty Ltd, trading as the Cambridge Road Play and Learn Centre, applied for approval of the Big Steps Enterprise Agreement 2013. The application was heard by the Fair Work Commission. The applicant sought to establish terms and conditions of employment for its employees covered by the agreement, including pay rates, hours of work, and other employment conditions.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it provided for minimum rates of pay, notice of termination, and other entitlements. The Commission also needed to determine if the agreement was made in good faith and whether it was likely to achieve improved productivity, efficiency, and profitability.

The Fair Work Commission approved the agreement, finding that it provided for minimum rates of pay, notice of termination, and other entitlements. The Commission was satisfied that the agreement was made in good faith and that it was likely to achieve improved productivity, efficiency, and profitability. The Commission noted that the agreement provided for a good faith bargaining process and that the parties had negotiated in a cooperative manner.

The Fair Work Commission approved the Cambridge Road Play and Learn Centre Big Steps Enterprise Agreement 2013. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established