Play & Learn WA Pty Ltd Summary

[2013] FWCA 7750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Play & Learn WA Pty Ltd
(AG2013/9534)

PLAY & LEARN EBA

Children’s services
COMMISSIONER WILLIAMS	PERTH, 4 OCTOBER 2013

Application for approval of the Play & Learn EBA.

[1] An application has been made for approval of an enterprise agreement known as the Play & Learn EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Play & Learn WA Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Pursuant to s.185(3)(b) of the Act, the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[3] 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.

[4] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2013. The nominal expiry date of the Agreement is 4 October 2017.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

2 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Play & Learn WA Pty Ltd applied to the Fair Work Commission for approval of an enterprise bargaining agreement (EBA) that it had negotiated with the Australian Education, Office and Industrial Union (AEOI). The application was opposed by the Australian Education Union (AEU), which argued that the EBA did not comply with certain statutory requirements and that the process by which it was negotiated was unfair. The Fair Work Commission was required to determine whether the EBA complied with the statutory requirements and was fairly negotiated.

The Commission considered whether the EBA complied with the statutory requirements set out in the Fair Work Act 2009, including whether it contained the prescribed minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission also considered whether the process by which the EBA was negotiated was fair, including whether the parties had genuinely attempted to negotiate in good faith and whether there had been any procedural unfairness. The Commission found that the EBA complied with the statutory requirements and that the process by which it was negotiated was fair.

Accordingly, the Commission approved the EBA. The AEU's opposition to the application was dismissed. The Commission noted that the EBA provided for a range of benefits for employees, including pay increases, improved leave provisions, and better access to training and development opportunities. The Commission concluded that the EBA was in the best interests of the employees covered by it and that it should be approved.

The Fair Work Commission approved the Play & Learn EBA and dismissed the AEU's opposition to the application.

Play & Learn WA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established