DECISION

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

Hampton Swim School Pty Ltd T/A Hampton Swim School Pty Ltd
(AG2019/4528)

HAMPTON SWIM SCHOOL & FUNKEY PTY LTD ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER SPENCER	BRISBANE, 5 FEBRUARY 2020

Application for approval of the Hampton Swim School & FunKey Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hampton Swim School & FunKey Pty Ltd Enterprise Agreement 2019 (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 T/A Hampton Swim School Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 1 January 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Hampton Swim School Pty Ltd T/A Hampton Swim School Pty Ltd, the Fair Work Commission was called upon to decide on the application for approval of the Hampton Swim School & FunKey Pty Ltd Enterprise Agreement 2019. The applicant, Hampton Swim School, sought approval of the enterprise agreement under the Fair Work Act 2009, which governs employment and industrial relations in Australia. The dispute centred around whether the agreement met the statutory requirements for fair and reasonable terms, particularly concerning the classification and pay rates of employees.

The legal issues before the Commission involved whether the agreement provided for fair and reasonable terms and conditions of employment. This included scrutinising whether the classification and remuneration of employees were equitable, and if the agreement complied with the relevant legislative provisions. Additionally, the Commission needed to determine if the agreement was free from any unfair or unreasonable terms, considering the broader context of the employment relationship between the parties.

The Commission approached the decision by first examining the process by which the agreement was negotiated and the extent to which it involved genuine bargaining. The Commission considered the evidence of the parties and any submissions made. It also assessed whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific roles and responsibilities of the employees involved. Ultimately, the Commission found that the agreement was fair and reasonable, meeting the statutory requirements. Consequently, the application for approval of the enterprise agreement was granted.

The final orders included the approval of the Hampton Swim School & FunKey Pty Ltd Enterprise Agreement 2019, with the agreement to be registered with the Fair Work Commission. This decision ensures that the terms and conditions set forth in the agreement are legally binding and enforceable, providing a framework for the employment relationship between the parties.

Hampton Swim School Pty Ltd T/A Hampton Swim School Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established