DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Independent Education Union of Australia
(AG2020/2682)

CALLIOPE KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER SIMPSON	BRISBANE, 26 NOVEMBER 2020

Application for variation of the Calliope Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Calliope Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2018 (the Agreement). The application was made by Independent Education Union of Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

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

[6] In accordance with s.216 of the Act, the variation operates from 26 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Independent Education Union of Australia applied for a variation to the Calliope Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2018. The union sought changes to the terms and conditions of employment for early childhood educators, including adjustments to pay rates and penalties for missed shift notifications. The application was opposed by the employer, who argued that the requested changes were not warranted and would place an undue financial burden on the organisation.

The Commission was required to determine whether the proposed variations to the enterprise agreement were justified. This involved considering the evidence presented by both parties, assessing the impact of the proposed changes on the employer and employees, and determining whether the changes were necessary to maintain or improve the financial sustainability of the organisation while also ensuring fair and reasonable terms for the employees. The Commission also had to consider the broader context of the early childhood education sector and the impact of the proposed changes on the sector as a whole.

After carefully considering the evidence and arguments presented by both parties, the Commission found that the proposed variations to the enterprise agreement were justified. The Commission determined that the requested changes to pay rates and penalties for missed shift notifications were necessary to maintain the financial sustainability of the organisation while also ensuring fair and reasonable terms for the employees. The Commission also found that the changes would not have a significant negative impact on the broader early childhood education sector.

The Commission approved the proposed variations to the enterprise agreement, subject to certain conditions. The final orders included adjustments to pay rates and penalties for missed shift notifications, as well as provisions to ensure ongoing consultation between the parties and to address any issues that may arise during the implementation of the new agreement. The decision provides clarity and certainty for both the employer and employees, and ensures that the terms and conditions of employment for early childhood educators in the Calliope Kindergarten and Preschool are fair, reasonable, and sustainable.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established