Independent Education Union of Australia

[2013] FWCA 9597

The attached document replaces the document previously issued with print no. PR545079 on 5 December 2013. The previous document was issued with incorrect reference numbers and is corrected as follows:-

Delete [2012] FWAA 7346 and replace with [2013] FWCA 9597 and delete the print no. PR545079 and replace with PR545410.

ANGELA DELO

Associate to COMMISSIONER BOOTH

Dated 5 December 2013.

[2013] FWCA 9597

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10205)

CORINDA CHRISTIAN KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2012

Educational services
COMMISSIONER BOOTH	BRISBANE, 5 DECEMBER 2013

Application for variation of the Corinda Christian Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2012.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Corinda Christian Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia

[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 5 December 2013.

[5] A consolidated version of the Agreement as varied is attached.

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 of the Corinda Christian Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2012. The dispute arose between the applicant union and the employer, the Corinda Christian Kindergarten & Preschool. The union sought changes to the agreement, including adjustments to employee entitlements, wages, and other conditions of employment.

The primary legal issue the Commission had to decide was whether the proposed variations to the enterprise agreement were reasonable and fair, in line with the objectives of the Fair Work Act 2009. The Commission considered whether the changes were necessary to address economic or other factors impacting the employees and whether they were consistent with the principles of good faith bargaining and fairness. The Commission also examined the impact of the proposed changes on the employees and the employer's ability to maintain a viable business.

After carefully considering the evidence and arguments presented by both parties, the Commission found that the proposed variations to the enterprise agreement were reasonable and fair. The changes were deemed necessary to address economic factors and ensure the sustainability of the employer's business while maintaining fair conditions for the employees. The Commission emphasised the importance of good faith bargaining and achieving a balance between the interests of the employees and the employer. Consequently, the application for variation was approved, and the new agreement was registered.

The Fair Work Commission ordered the registration of the varied enterprise agreement, which included changes to employee entitlements, wages, and other conditions of employment. The decision ensures that the employees of the Corinda Christian Kindergarten & Preschool will benefit from the updated agreement while allowing the employer to maintain a viable business.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established