DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Independent Education Union of Australia
(AG2018/6340)

MARCHANT PARK KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 MAY 2019

Application for variation of the Marchant Park Kindergarten Early Childhood Education Collective Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Marchant Park Kindergarten Early Childhood Education Collective Enterprise Agreement 2017 (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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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

[5] In accordance with s.216 of the Act, the variation operates from 1 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for a variation of the Marchant Park Kindergarten Early Childhood Education Collective Enterprise Agreement 2017. The application was made under section 236 of the Fair Work Act 2009, seeking adjustments to the terms and conditions of employment for the kindergarten's staff. The union argued that the current agreement did not adequately address recent changes in the educational environment and required modifications to ensure fair and reasonable working conditions.

The primary legal issue before the Commission was whether the proposed variations to the enterprise agreement were necessary and appropriate to address the changing conditions in the early childhood education sector. The Commission had to consider whether the changes would result in a fair and reasonable outcome for both the employees and the employer, and whether they complied with the relevant provisions of the Fair Work Act. Additionally, the Commission needed to assess if the proposed changes were necessary to maintain a safe and productive working environment.

The Commission found that the proposed variations were necessary to address the evolving needs of the early childhood education sector. The changes were deemed to be fair and reasonable, considering the specific context of the Marchant Park Kindergarten. The Commission emphasised the importance of adapting to new educational standards and ensuring that staff were equipped to meet these standards. It concluded that the variations would provide a balanced outcome for both the employees and the employer, thus approving the application for variation. The Commission's decision was based on a detailed analysis of the evidence presented by both parties and the statutory requirements under the Fair Work Act.

The Commission issued an order approving the variations to the Marchant Park Kindergarten Early Childhood Education Collective Enterprise Agreement 2017, as proposed by the Independent Education Union of Australia. The new terms and conditions, as outlined in the varied agreement, would now apply to the employees of the kindergarten, reflecting the changes in the educational environment and ensuring fair and reasonable working conditions.

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