Playful Learning Pty Ltd T/A Edge Hill Child Care

[2013] FWCA 7441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Playful Learning Pty Ltd T/A Edge Hill Child Care
(AG2013/9477)

EDGE HILL CHILD CARE ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER BISSETT	BRISBANE, 25 SEPTEMBER 2013

Application for approval of the Edge Hill Child Care Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Edge Hill Child Care Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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] The 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 2 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Playful Learning Pty Ltd trading as Edge Hill Child Care, the applicant sought approval of the Edge Hill Child Care Enterprise Agreement 2013. The applicant applied to the Fair Work Commission for approval of the agreement which had been negotiated with the Australian Childcare & Education Union and the Australian Education & Industrial Relations Union. The legal issues before the Commission centred on whether the agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it met the criteria for being a single, indivisible agreement. The applicant argued that the agreement was a fair and reasonable bargain that appropriately balanced the interests of both parties, while the unions contended that certain provisions did not comply with the statutory provisions and were not indivisible.

The Commission examined the agreement clause by clause, considering its compliance with the Act. The applicant maintained that the agreement was a single, indivisible instrument and that the provisions were fair and reasonable. The Commission found that certain provisions in the agreement did not meet the statutory requirements and were not indivisible. However, the Commission also found that the agreement as a whole was a fair and reasonable bargain that appropriately balanced the interests of both parties. The Commission approved the agreement subject to certain modifications to ensure compliance with the statutory provisions.

Accordingly, the Fair Work Commission approved the Edge Hill Child Care Enterprise Agreement 2013, subject to certain modifications. The applicant was required to make the necessary amendments to the agreement to ensure compliance with the Fair Work Act 2009. The unions were also required to provide written confirmation that they accepted the modifications to the agreement. The approval of the agreement ensures that the parties have a fair and reasonable enterprise agreement that appropriately balances their interests and complies with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established