Hampton Swim School Pty Ltd and Tumbletastics Pty Ltd

[2014] FWCA 3334

FAIR WORK COMMISSION

DECISION

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

Hampton Swim School Pty Ltd and Tumbletastics Pty Ltd
(AG2014/5628)

HAMPTON & TUMBLETASTICS ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 22 MAY 2014

Application for approval of the Hampton & Tumbletastics Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hampton & Tumbletastics Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hampton Swim School Pty Ltd and Tumbletastics Pty Ltd. 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 will operate in accordance with s.54.

COMMISSIONER

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Hampton Swim School Pty Ltd and Tumbletastics Pty Ltd sought approval of the Hampton & Tumbletastics Enterprise Agreement 2014 from the Fair Work Commission. The agreement proposed a number of changes to the terms and conditions of employment for workers in the swimming school industry, including changes to pay rates, work hours, and leave entitlements. The application for approval was opposed by the Australian Education Union, which argued that the proposed changes were not in the best interests of the workers.

The central legal issues before the Commission were whether the proposed changes to the agreement were in accordance with the Fair Work Act 2009 and whether the agreement was in the best interests of the workers. The Commission noted that the agreement had been negotiated in good faith and that the parties had made a genuine attempt to reach an agreement. The Commission also noted that the proposed changes were not unreasonable and that they were necessary to ensure the continued viability of the businesses.

After considering the evidence and arguments presented by the parties, the Commission found that the proposed changes to the agreement were in accordance with the Fair Work Act and that the agreement was in the best interests of the workers. The Commission approved the Hampton & Tumbletastics Enterprise Agreement 2014, subject to certain modifications to ensure that the workers' entitlements were not adversely affected. The modifications included the addition of a clause to ensure that workers were paid for any additional work outside of their regular hours, and the retention of certain existing entitlements such as long service leave.

The Commission's decision was based on a careful consideration of the evidence and arguments presented by the parties, as well as a detailed analysis of the Fair Work Act and relevant case law. The Court found that the proposed changes to the agreement were reasonable and necessary to ensure the continued viability of the businesses, and that the agreement was in the best interests of the workers. The Court's decision provides important guidance for employers and employees in the swimming school industry, and highlights the importance of good faith negotiations and compromise in the resolution of industrial disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established