Independent Education Union of Australia

[2013] FWCA 8803

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
(AG2013/9899)

MACKAY KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2011

Educational services
COMMISSIONER BOOTH	BRISBANE, 12 NOVEMBER 2013

Application for variation of the Mackay Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2011 - variation granted.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Mackay Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2011 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (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 12 November 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

The Independent Education Union of Australia brought an application in the Fair Work Commission against the Mackay Kindergarten & Preschool seeking a variation of the existing enterprise agreement. The application sought changes to the agreement in relation to employee entitlements, particularly focusing on the implementation of a new pay scale for educators. The Fair Work Commission was tasked with determining whether the proposed changes were reasonable and fair, considering the interests of both the employees and the employer.

The central legal issue before the Commission was whether the proposed variations to the enterprise agreement were reasonable and justified under the Fair Work Act. The Commission had to consider various factors, including the economic circumstances, the need for changes, the impact on employees, and the balance of interests between the parties. The Union argued that the changes were necessary to address pay equity and improve the working conditions for educators, while the employer contended that the proposed changes were excessive and not warranted.

After examining the evidence and submissions from both parties, the Fair Work Commission found that the proposed variations were reasonable and should be implemented. The Commission acknowledged the importance of ensuring fair and equitable pay for educators and recognised the need for adjustments to the pay scale to reflect current economic realities and industry standards. The Commission also noted the importance of maintaining a fair balance between the interests of the employer and the employees. Consequently, the application was granted, and the enterprise agreement was varied as sought by the Union.

The final orders included the implementation of the new pay scale for educators, as well as several other amendments to the agreement concerning employee entitlements. The employer was required to give effect to these changes within the specified timeframe and ensure compliance with the updated enterprise agreement. The decision was made in the interest of promoting fair and equitable treatment of employees within the early childhood education sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established