Tillys Play & Development Pty Limited T/A Tillys Play & Development Centre

[2013] FWCA 8360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tillys Play & Development Pty Limited T/A Tillys Play & Development Centre
(AG2013/2859)

TILLYS PLAY AND DEVELOPMENT ENTERPRISE AGREEMENT 2013.

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 24 OCTOBER 2013

Application for approval of the Tillys Play and Development Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tillys Play and Development Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tillys Play & Development Pty Limited trading as Tillys Play & Development Centre. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which concerns a number of clauses in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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 is approved and, in accordance with s.54 of the Act, will operate from 31 October 2013. The nominal expiry date of the Agreement is 24 October 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Tillys Play & Development Pty Limited, trading as Tillys Play & Development Centre, filed an application seeking approval of the Tillys Play and Development Enterprise Agreement 2013. The dispute arose from the need to formalise employment terms for employees under the Fair Work Act 2009. The case was heard in the Fair Work Commission, a specialised tribunal established under the Act.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement complied with the various statutory provisions, including those relating to minimum wage rates, penalty rates, leave entitlements, and procedural fairness. The Commission also needed to consider if the agreement was made in good faith and if it provided for proper mechanisms for resolving disputes between the parties.

In reaching its decision, the Commission examined the submissions from both Tillys Play & Development and the relevant employee representatives. It considered the evidence presented on the terms of the agreement, including the consultation process and the extent to which employees were involved in drafting the agreement. The Commission found that the agreement contained terms that were fair and reasonable, and that the consultation process was robust. The Commission also noted that the agreement provided for adequate dispute resolution mechanisms. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Tillys Play and Development Enterprise Agreement 2013, finding it to be compliant with the requirements of the Fair Work Act. The Commission's decision ensures that employees at Tillys Play & Development Centre will be governed by a formalised agreement that provides clarity and protection in their employment terms. This outcome not only benefits the employees but also establishes a clear framework for future industrial relations at the centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established