Agnes Water Community Child Care Inc.

[2013] FWCA 6036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Agnes Water Community Child Care Inc.
(AG2013/2313)

AGNES WATER CHILD CARE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 22 AUGUST 2013

Application for variation of the Agnes Water Child Care Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Agnes Water Child Care Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by Agnes Water Community Child Care Inc..

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 22 August 2013.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Agnes Water Community Child Care Inc. filed an application for variation of the Agnes Water Child Care Enterprise Agreement 2013. The application was brought under section 228 of the Fair Work Act 2009, seeking a variation to the award to allow the employer to pay its employees at a rate below the applicable award rate. The dispute involved the interpretation and application of the relevant provisions of the Fair Work Act and the relevant award to determine whether the proposed variation was justified and met the criteria for approval.

The court was required to decide whether the proposed variation was justified under section 228 of the Fair Work Act, and whether the employer had demonstrated that the variation was necessary to ensure the long-term financial viability of the enterprise. The court also had to consider the impact of the proposed variation on the employees and whether the variation was fair and reasonable in all the circumstances.

In determining the application, the court considered the evidence and arguments presented by both parties. The court found that the employer had demonstrated that the proposed variation was necessary to ensure the long-term financial viability of the enterprise, and that the variation was fair and reasonable in all the circumstances. The court accepted that the proposed variation was necessary to address the financial difficulties faced by the employer and that the variation would not have a significant adverse effect on the employees. The court also found that the employer had taken all reasonable steps to avoid the need for a variation and to minimise the impact of the variation on the employees.

The court approved the application and made an order varying the Agnes Water Child Care Enterprise Agreement 2013 to allow the employer to pay its employees at a rate below the applicable award rate for a specified period. The order included a number of conditions to protect the interests of the employees, including provisions for consultation, notice, and the ability to apply to the Fair Work Commission for review of the variation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established