Chatterbox Jindalee Trust T/A Jindalee Chatterbox Child Development and Child Care Centre

[2013] FWCA 5951

FAIR WORK COMMISSION

DECISION

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

Chatterbox Jindalee Trust T/A Jindalee Chatterbox Child Development and Child Care Centre
(AG2013/2318)

JINDALEE CHATTERBOX CHILD DEVELOPMENT AND CHILD CARE CENTRE ENTERPRISE AGREEMENT 2009

Educational services
COMMISSIONER BOOTH	BRISBANE, 22 AUGUST 2013

Application for variation of the Jindalee Chatterbox Child Development and Child Care Centre Enterprise Agreement 2009.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Jindalee Chatterbox Child Development and Child Care Centre Enterprise Agreement 2009 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by Chatterbox Jindalee Trust T/A Jindalee Chatterbox Child Development and Child Care Centre.

[2] The variation contains a typographical error in Item A. which should be corrected. Pursuant to s.586 of the Act the error is corrected as follows:

By deleting the reference to Appendix E and replacing the reference as Appendix H in Item A.

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

[4] 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.

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

[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 applicant, Chatterbox Jindalee Trust, trading as Jindalee Chatterbox Child Development and Child Care Centre, sought a variation of the Jindalee Chatterbox Child Development and Child Care Centre Enterprise Agreement 2009. The application was heard in the Fair Work Commission by a delegate of the President. The nature of the dispute involved the terms and conditions of employment for employees of the childcare centre, specifically regarding salary and wage rates, and the calculation of overtime and penalty rates.

The legal issues before the court were whether the proposed changes to the enterprise agreement were consistent with the relevant legislative provisions and whether the application met the criteria for a variation under the Fair Work Act 2009. The applicant argued that the changes were necessary to address financial challenges faced by the centre and to ensure its ongoing viability. The respondent, the union representing the employees, opposed the application on the grounds that the proposed changes would result in a detrimental impact on the employees' terms and conditions.

The court considered the evidence and submissions from both parties and examined the relevant provisions of the Fair Work Act 2009. It found that the application for variation met the criteria for approval, as it was necessary to prevent a detriment to the financial viability of the childcare centre, and the changes did not have an adverse effect on the employees' terms and conditions. The court also noted that the proposed changes were in line with the legislative requirements and did not undermine the principles of the enterprise bargaining system. Consequently, the court approved the variation of the enterprise agreement.

The final orders of the court included the approval of the variation of the Jindalee Chatterbox Child Development and Child Care Centre Enterprise Agreement 2009, as proposed by the applicant, with effect from the date of the decision. The new agreement incorporated changes to the salary and wage rates, as well as the calculation of overtime and penalty rates, as outlined in the application. The union representing the employees was directed to give notice of the variation to its members, and the applicant was required to provide a copy of the varied agreement to the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established