Independent Education Union of Australia

[2013] FWCA 3222

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
(AG2013/1134)

CAIRNS COMMUNITY KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2010

Educational services
COMMISSIONER SIMPSON	BRISBANE, 23 MAY 2013

Application for variation of the Cairns Community Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2011.

[1] An application has been made to vary an enterprise agreement known as the Cairns Community Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2011 (the Agreement). It has been made by the Independent Education Union of Australia (IEUA).

[2] Cairns Community Kindergarten and Preschool and it employees have reached agreement on the variation.

[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 Agreement is varied in accordance with Attachment 1 of this decision. The variation is approved and will come into force from 23 May 2013 and shall remain in force for the duration of the Agreement.

[5] A consolidated copy of the Agreement is attached to this decision.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia lodged an application for variation of the Cairns Community Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2011 with the Fair Work Commission. The application sought to amend the agreement to include a new clause on the requirement for employers to consult with employees on changes to work arrangements. The application was made on behalf of the union's members who were employed as early childhood educators at various kindergartens and preschools in the Cairns region.

The legal issues before the Commission included whether the proposed variation was consistent with the relevant legislation and whether the application met the requirements for an order under the Fair Work Act 2009. The Commission also had to consider whether the proposed variation was necessary to address a workplace issue or to improve the terms and conditions of employment for the union's members.

In its decision, the Commission found that the proposed variation was consistent with the Fair Work Act and met the requirements for an order. The Commission noted that the proposed variation would provide greater protection for employees in relation to changes to their work arrangements and would promote better communication and consultation between employers and employees. The Commission also found that the application met the requirements for an order, as it was made in good faith and on behalf of the union's members. The Commission therefore made an order varying the enterprise agreement to include the new clause on consultation on changes to work arrangements.

The new clause requires employers to consult with employees before implementing any changes to their work arrangements, including changes to hours of work, shift patterns, and job descriptions. Employers must also provide employees with a reasonable opportunity to provide feedback on the proposed changes and to discuss any concerns or issues they may have. The variation applies to all employees covered by the enterprise agreement, including early childhood educators employed at kindergartens and preschools in the Cairns region.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established