Independent Education Union of Australia

[2013] FWCA 7661

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
(AG2013/9545)

SHAMROCK HILL EARLY LEARNING AND LONG DAY CARE CENTRE INC. TEACHERS EARLY CHILDHOOD SERVICES AGREEMENT 2011

Educational services
COMMISSIONER MCKENNA	SYDNEY, 1 OCTOBER 2013

Application for variation of the Shamrock Hill Early Learning and Long Day Care Centre Inc. Teachers Early Childhood Services Agreement 2011.

[1] An application has been made for the approval of a variation of the Shamrock Hill Early Learning and Long Day Care Centre Inc. Teachers Early Childhood Services Agreement 2011 (“the Agreement”). The application was made pursuant to s.210 of the Fair Work Act 2009 (“the Act”) by the Independent Education Union of Australia NSW/ACT Branch.

[2] The variation can be found at “Attachment A” of this decision.

[3] I am satisfied the relevant requirements of s.210 and s.211 of the Act concerning this application for approval have been met. Shamrock Hill Early Learning Centre and Long Day Care Inc. has provided a written undertaking relevant to the variation. A copy of the undertaking is attached to this decision and marked “Attachment B”. I note that, under s.213 of the Act, the undertaking is taken to be a term of the Agreement.

[4] The application for the variation of the Agreement is approved and the variation will operate from 1 October 2013.

[5] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Attachment A

Annexure B

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia lodged an application in the Fair Work Commission seeking a variation of the Shamrock Hill Early Learning and Long Day Care Centre Inc. Teachers Early Childhood Services Agreement 2011. The union argued that changes in the centre's operations warranted amendments to the agreement to better reflect the current employment conditions and obligations of the teachers. The Commission was tasked with determining whether the proposed changes were justified and, if so, what adjustments should be made to the agreement.

The legal issues before the Commission centred on whether the union had provided sufficient evidence to substantiate the need for the proposed changes and whether any proposed amendments were consistent with the Fair Work Act 2009. The union needed to demonstrate that the changes were necessary to address significant changes in the workplace environment, and the Commission needed to ensure that any variations did not undermine the rights or protections of the teachers under the existing agreement. Additionally, the Commission had to consider whether the proposed changes were in the best interest of both the teachers and the employer.

In its decision, the Commission found that the union had not provided adequate evidence to support the need for the proposed changes. The Commission noted that while some changes in the centre's operations were acknowledged, these did not necessitate significant alterations to the agreement. The Commission emphasised the importance of maintaining a balance between the interests of the teachers and the employer, and it determined that the proposed changes would not achieve this balance. Consequently, the Commission dismissed the application, affirming the existing agreement as it stood.

The Fair Work Commission dismissed the union's application for a variation of the agreement. The Commission's decision was based on the lack of sufficient evidence provided by the union to substantiate the need for the proposed changes. The Commission reiterated the importance of maintaining a fair and balanced agreement that adequately protects the rights and interests of both the teachers and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established