Bright Buttons Learning Centre Banora Pty Ltd ATF Banora Finlayson Family Trust and Banora Hawkins Family Trust T/A Bright Buttons Learning Centre Summary

[2013] FWCA 7657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bright Buttons Learning Centre Banora Pty Ltd ATF Banora Finlayson Family Trust and Banora Hawkins Family Trust T/A Bright Buttons Learning Centre
(AG2013/8766)

BRIGHT BUTTONS LEARNING CENTRE BANORA ENTERPRISE AGREEMENT 2013-2015

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 2 OCTOBER 2013

Application for approval of the Bright Buttons Learning Centre Banora Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Bright Buttons Learning Centre Banora Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bright Buttons Learning Centre Banora Pty Ltd ATF Banora Finlayson Family Trust and Banora Hawkins Family Trust T/A Bright Buttons Learning Centre. The Agreement is a single-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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 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

Bright Buttons Learning Centre Banora Pty Ltd, trading as Bright Buttons Learning Centre and represented by the Banora Finlayson Family Trust and the Banora Hawkins Family Trust, applied for approval of an enterprise agreement. The application was heard by the Fair Work Commission (FWC) in accordance with section 231 of the Fair Work Act 2009. The primary dispute centred on the terms and conditions of employment as outlined in the proposed agreement for the period 2013 to 2015. The FWC was required to decide whether the proposed agreement met the legal criteria for approval under the Act, particularly focusing on the good faith bargaining requirement and the fairness of the agreement's terms.

The court examined the evidence of the bargaining process to determine whether the agreement was the product of genuine and voluntary negotiations between the employer and the employees. Additionally, the FWC assessed whether the proposed terms and conditions of employment were fair and reasonable, considering various factors such as the nature of the business, the economic circumstances of the parties, and the wider labour market. The FWC also considered submissions from the Australian Education Union, which had expressed concerns about the agreement's provisions.

Upon reviewing the evidence, the FWC found that the bargaining process was conducted in good faith and that the proposed agreement was fair and reasonable. The FWC noted the specific context of the early childhood education and care sector and the particular employment conditions of the centre's staff. The court concluded that the agreement addressed the needs of both the employer and the employees effectively and was in line with the broader objectives of the Fair Work Act. Consequently, the FWC approved the Bright Buttons Learning Centre Banora Enterprise Agreement 2013-2015, thereby resolving the application in favour of the applicant.

Bright Buttons Learning Centre Banora Pty Ltd ATF Banora Finlayson Family Trust and Banora Hawkins Family Trust T/A Bright Buttons Learning Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established