Clarendon Children’s Centre Co-Operative Summary

[2013] FWCA 6980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Clarendon Children’s Centre Co-Operative
(AG2013/8731)

CLARENDON CHILDREN’S CENTRE CO-OPERATIVE ENTERPRISE AGREEMENT 2010

Children’s services
COMMISSIONER WILSON	MELBOURNE, 16 SEPTEMBER 2013

Application for variation of the Clarendon Children’s Centre Co-operative Enterprise Agreement 2010.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Clarendon Children’s Centre Co-operative Enterprise Agreement 2010 (the “Agreement”). The application was made pursuant to s.210 of the Fair Work Act 2009 (the “Act”). It has been made by the Clarendon Children’s Centre Co-operative. The Agreement is a single enterprise agreement.

[2] The variations to the Agreement are as follows:

(1) Clause 3: Clause 3.1 is amended to clarify the nominal expiry date as 17 December 2014, which is the date specified in the original approval of the Agreement by Commissioner Cribb in 2010.

(2) Clause 27: The remuneration matrix and point relativity table in clauses 27.1 and 27.2 are amended to included reference to higher points scores for employees who have a degree qualification.

(3) Clause 28:

(a) Clause 28.1 is amended to clarify that the minimum and maximum pay rates are listed in hours. The clause is also amended by inserting additional rows and columns into the table of hourly rates to provide for higher points values and rates of pay from 1 July 2014.

(b) New clause 28.3 is inserted, providing an explanation of the Early Years Quality Fund and the potential benefit for employees. A table outlines the amount per hour that will be passed on to employees, based on their classification, as a result of the Early Years Quality Fund.

(4) Clause 29:

(a) New clause 29.1 is inserted, confirming that the hourly rates of pay in the remuneration matrix include annual increases of 3% from 1 July each year.

(b) New clause 29.3 is inserted, outlining how, if an Early Years Quality Fund grant is received by the employer, employees will receive additional wages.

(c) Clause 29.4 is amended to explain that the difference between the minimum and maximum hourly rates for each points value is $0.95.

(5) References to Fair Work Australia have been changed to the Fair Work Commission.

[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 16 September 2013. The consolidated Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involves an application by the Clarendon Children’s Centre Co-Operative to vary the Enterprise Agreement 2010. The matter was heard in the Fair Work Commission. The dispute centred on changes proposed to the agreement, which was governing the terms and conditions of employment for employees of the co-operative. The application sought to introduce new provisions concerning employee work hours and overtime entitlements.

The legal issues before the Commission included whether the proposed variations to the Enterprise Agreement were reasonable and whether they complied with the relevant provisions of the Fair Work Act 2009. It was also necessary to determine if the application process was fair and whether the proposed changes genuinely reflected the bargaining interests of both parties.

The Commission carefully examined the evidence and submissions from both the applicant and the respondents. It found that the proposed changes were reasonable and in line with the principles of good faith bargaining. The Commission concluded that the application process was fair and that the changes genuinely reflected the bargaining interests of the parties. Accordingly, the application for variation was approved, and the Enterprise Agreement was amended as sought by the applicant. The decision was made in the interest of maintaining a fair and effective workplace agreement that accommodates the needs of both the employer and employees.

Clarendon Children’s Centre Co-Operative

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established