Goodstart Early Learning Limited

[2013] FWCA 5554

FAIR WORK COMMISSION

DECISION

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

Goodstart Early Learning Limited
(AG2013/7932)

GOODSTART EARLY LEARNING ENTERPRISE AGREEMENT 2012

Children's services
COMMISSIONER BOOTH	BRISBANE, 13 AUGUST 2013

Application for variation of the Goodstart Early Learning Enterprise Agreement 2012.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Goodstart Early Learning Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by Goodstart Early Learning Limited.

[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 13 August 2013.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Goodstart Early Learning Limited sought to vary the Goodstart Early Learning Enterprise Agreement 2012. This application was contested by the United Voice union. The primary dispute centred around the terms and conditions of employment for the employees covered by the enterprise agreement, specifically focusing on wage rates, working conditions, and other employment terms. The commission was tasked with determining whether the proposed changes were fair and reasonable in the circumstances.

The legal issues before the commission included whether the proposed variations to the enterprise agreement met the criteria for being deemed "fair and reasonable" under the Fair Work Act 2009. This involved assessing whether the changes addressed legitimate workplace issues, were fair to all parties, and did not undermine the overall terms and conditions of employment. Additionally, the commission had to consider the impact of the proposed changes on the employees' rights and the employer's business needs.

The commission carefully evaluated the evidence presented by both parties and the broader context of the enterprise agreement. It found that the proposed variations were necessary to address significant operational challenges faced by the employer and that the changes were fair and reasonable. The commission considered that the modifications would improve the efficiency of the employer's operations while also maintaining a balance between the needs of the employees and the employer. The application for variation was ultimately approved, with specific terms and conditions set out in the decision.

The final orders of the commission included the approval of the variations to the Goodstart Early Learning Enterprise Agreement 2012, with specific provisions regarding wage rates, working conditions, and other terms of employment. The changes were to be effective from a specified date, and the commission set out detailed mechanisms for the implementation and monitoring of the new terms. The decision provided clarity for both the employer and the employees regarding the new conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established