DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

A.B. Paterson College Early Childhood Centre Pty Ltd T/A A.B. Paterson College Early Childhood Centre
(AG2018/2692)

A.B. PATERSON COLLEGE EARLY CHILDHOOD CENTRE EMPLOYEE COLLECTIVE AGREEMENT 2016

Children's services
COMMISSIONER BOOTH	BRISBANE, 4 JULY 2018

Application for variation of the A.B. Paterson College Early Childhood Centre Employee Collective Agreement 2016.

[1] An application has been made to vary the A.B. Paterson College Early Childhood Centre Employee Collective Agreement 2016 (the Agreement) to remove ambiguity or uncertainty. The Agreement is a single enterprise agreement and the application has been made by A.B. Paterson College Early Childhood Centre Pty Ltd T/A A.B. Paterson College Early Childhood Centre (the Applicant) to s.217 of the Fair Work Act 2009(the Act).

[2] The United Voice is covered by the Agreement and has supported this application.

[3] The variation proposed is to replace the classification of Group Leader (3 Year (Qualified) of Step Year 3 at Schedule A with the following:-

Classification	Step	(A) Current Hourly Rate at 1 July 2016	(B) Hourly Rate at 1 July 2017	(C) Hourly Rate at 1 July 2018
Year 3	$27.73	$ 28.56	$29.42

[4] I am satisfied that the variation proposed will correct the relevant ambiguity or uncertainty in a manner that reflects the mutual intention of the parties.

[5] The variation to the Agreement is approved and will operate on and from 4 July 2018.

[6] A consolidated version of the Agreement as varied is attached.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between A.B. Paterson College Early Childhood Centre Pty Ltd, trading as A.B. Paterson College Early Childhood Centre, and its employees. The dispute centred on an application to vary the Employee Collective Agreement 2016. The employees, represented by a union, sought changes to the agreement to address issues such as working conditions, pay rates, and other employment terms. The case was heard by the Fair Work Commission, which had jurisdiction to resolve disputes relating to employment agreements and industrial relations.

The primary legal issues before the Commission were whether the proposed changes to the collective agreement were reasonable and necessary, and whether they complied with the relevant provisions of the Fair Work Act 2009. The employer argued that the changes were not warranted and would impose an undue financial burden on the business. The employees, on the other hand, contended that the proposed changes were essential to address ongoing issues and to ensure fair and equitable working conditions.

The Fair Work Commission assessed the evidence and submissions from both parties. It considered the economic viability of the employer, the reasonableness of the proposed changes, and the impact on the employees. The Commission found that while some of the proposed changes were reasonable and necessary, others were not justified. It concluded that a modified version of the proposed changes was appropriate and ordered the variation of the collective agreement accordingly.

The final orders of the Commission included specific amendments to the pay rates, working conditions, and other terms of employment as modified. The Commission also directed the parties to implement the agreed changes within a specified timeframe and to return to the Commission if any further disputes arose. The decision provides guidance on the process for varying collective agreements and the considerations that must be taken into account by both employers and employees.

A.B. Paterson College Early Childhood Centre Pty Ltd T/A A.B. Paterson College Early Childhood Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established