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

[2021] FWCA 5283

[2021] FWCA 5283

FAIR WORK COMMISSION

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

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ANNEXURE A