Cribb Street Child Care Centre Summary

[2013] FWCA 7616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cribb Street Child Care Centre
(AG2013/9588)

CRIBB STREET CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER BISSETT	BRISBANE, 27 SEPTEMBER 2013

Application for variation of the Cribb Street Child Care Centre Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to the Cribb Street Child Care Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Cribb Street Child Care Centre.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[4] The variation operates from 29 July 2013.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

Cribb Street Child Care Centre is a party to an enterprise agreement with its employees, which includes provisions for the calculation of allowances for certain duties. The dispute arose when the centre sought to vary the agreement to adjust how certain allowances are calculated, particularly those related to travel and overtime. The matter was heard in the Fair Work Commission (FWC). The central legal issues for the FWC to determine were whether the proposed variations to the enterprise agreement were appropriate and whether they complied with the requirements of the Fair Work Act 2009. The FWC needed to consider if the changes were in line with the principles of good faith bargaining and whether they provided for the fair treatment of employees.

The FWC examined the submissions from both parties and the broader context of the proposed changes. The centre argued that the changes were necessary to align the agreement with changes in their operational practices and to ensure fair treatment of employees in terms of workload and compensation. The employees' representative contended that the changes would disadvantage the staff by reducing their entitlements without adequate justification. The FWC considered the evidence and submissions, focusing on whether the proposed changes met the requirements of good faith bargaining and whether they were necessary and fair. The FWC concluded that the proposed changes were reasonable and aligned with the principles of the Act. The Commission found that the variations were necessary to address the changing nature of the work and were fair and reasonable under the circumstances.

In light of the findings, the FWC approved the variations to the enterprise agreement as proposed by the Cribb Street Child Care Centre. The changes to the calculation of allowances were deemed necessary to ensure the agreement remained relevant and fair to both the centre and its employees. The FWC's decision was based on the evidence presented and the principles of good faith bargaining and fair treatment. The final orders reflected the approval of the variations, allowing the Cribb Street Child Care Centre to implement the changes to the enterprise agreement.

Cribb Street Child Care Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established