DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Playhouse Parent and Childcare Centre T/A Playhouse Parent and Childcare Centre Inc
(AG2021/6309)

PLAYHOUSE PARENT AND CHILD CARE CENTRE UNITED WORKERS UNION FAIR WORK ENTERPRISE AGREEMENT 2021

Children’s services
COMMISSIONER HUNT	BRISBANE, 26 AUGUST 2021

Application for approval of the Playhouse Parent and Child Care Centre United Workers Union Fair Work Enterprise Agreement 2021.

[1] Playhouse Parent and Childcare Centre T/A Playhouse Parent and Childcare Centre Inc (the Employer) has applied for approval of an enterprise agreement known as the Playhouse Parent and Child Care Centre United Workers Union Fair Work Enterprise Agreement 2021 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received from the UWU.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I informed the Employer that Clause 2.3, Flexibility Term, does not satisfy the terms of the Act, and accordingly, the model flexibility term per schedule 2.2 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The UWU 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) of the Act I note that the Agreement covers the UWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Playhouse Parent and Childcare Centre T/A Playhouse Parent and Childcare Centre Inc applied for the approval of its enterprise agreement under the Fair Work Act 2009. The United Workers Union represented the employees, while the employer was represented by its director. The application was heard in the Fair Work Commission. The primary legal issue for the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement had been made in good faith, whether it contained mandatory terms, and whether it complied with the provisions for procedural fairness.

The Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. It also considered if the agreement contained all the mandated terms and conditions, and if it adhered to the procedural fairness requirements, including whether employees were given a reasonable opportunity to be involved in the negotiations and to understand the terms of the agreement. After reviewing the evidence and submissions from both parties, the Commission determined that the agreement was made in good faith, contained the required terms, and was procedurally fair. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Playhouse Parent and Childcare Centre United Workers Union Fair Work Enterprise Agreement 2021. The decision was made on the basis that the agreement met all statutory requirements, including those related to good faith bargaining, the inclusion of mandatory terms, and procedural fairness. The approval ensures that the agreement will regulate the employment conditions of the employees at the centre, subject to the terms and conditions set out in the approved agreement.

Playhouse Parent and Childcare Centre T/A Playhouse Parent and Childcare Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established