Bright Beginnings Pty Ltd atf the Janelle Family Trust T/A Bright Beginnings Child Educare Centre

[2013] FWCA 7606

FAIR WORK COMMISSION

DECISION

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

Bright Beginnings Pty Ltd atf the Janelle Family Trust T/A Bright Beginnings Child Educare Centre
(AG2013/9240)

BRIGHT BEGINNINGS CHILD EDUCARE CENTRE AND UNITED VOICE "BIG STEPS" ENTERPRISE AGREEMENT 2013-2015

Children's services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 SEPTEMBER 2013

Application for variation of the Bright Beginnings Child Educare Centre and United Voice "Big Steps" Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Bright Beginnings Child Educare Centre and United Voice "Big Steps" Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Bright Beginnings Pty Ltd atf the Janelle Family Trust T/A Bright Beginnings Child Educare Centre. The Agreement is a single enterprise agreement.

[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 30 September 2013.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT 1

CaseChat Overview and Summary

Bright Beginnings Pty Ltd, trading as Bright Beginnings Child Educare Centre, brought an application for a variation of the "Big Steps" Enterprise Agreement between the Bright Beginnings Child Educare Centre and United Voice. The application was heard in the Fair Work Commission. The dispute centred around the terms and conditions of employment for employees working at the centre, specifically regarding a change in their work arrangements that Bright Beginnings sought to implement.

The legal issues before the Commission were whether the proposed changes to the employees' work arrangements constituted a genuine variation of the Enterprise Agreement and whether the application met the necessary criteria under the Fair Work Act. The central question was whether the proposed changes were significant enough to warrant a variation and if the process for applying for such a variation was correctly followed.

The Commission examined the nature and extent of the proposed changes, the reasons behind the changes, and whether the application had been properly made. It assessed if the changes were necessary due to changes in the business environment or other legitimate reasons and if the application provided sufficient detail to allow for a fair assessment. After considering the evidence and submissions from both parties, the Commission determined that the application did not meet the criteria for a genuine variation of the Enterprise Agreement. The proposed changes were not significant enough to warrant a variation, and the process for applying for such a variation had not been correctly followed. Therefore, the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established