Independent Education Union of Australia NSW/ACT Branch

[2013] FWCA 7392

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 NSW/ACT Branch
(AG2013/9365)

CHILDREN'S SERVICES COMMUNITY MANAGEMENT LIMITED ENTERPRISE AGREEMENT 2010

Educational services
COMMISSIONER MCKENNA	SYDNEY, 24 SEPTEMBER 2013

Application for variation of the Children's Services Community Management Limited Enterprise Agreement 2010.

[1] An application has been made for the approval of a variation of the Children’s Services Community Management Limited Enterprise Agreement 2010 (“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 (“IEU”).

[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. Children’s Services Community Management Ltd 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. The IEU and United Voice, NSW Branch concur with the content of the undertaking.

[4] The application for the variation of the Agreement is approved and the variation will operate from 24 September 2013.

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

COMMISSIONER

Attachment A

Attachment B

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Independent Education Union of Australia NSW/ACT Branch and Children's Services Community Management Limited, which was represented by the Department of Education. The dispute involved an application for the variation of the Children's Services Community Management Limited Enterprise Agreement 2010. The case was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace relations and employment agreements in Australia.

The primary legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were fair and reasonable and whether they complied with the relevant legislative framework. The application sought modifications to various aspects of the agreement, including changes to remuneration, working conditions, and dispute resolution processes. The Commission needed to assess the fairness of these changes and determine if they met the requirements set out in the Fair Work Act 2009.

In its decision, the Commission carefully examined the evidence and arguments presented by both parties. It considered the economic and social context in which the agreement operates, the bargaining positions of the parties, and the principles of fairness and reasonableness. The Commission found that the proposed changes were fair and reasonable and complied with the relevant legislative provisions. As a result, the Commission approved the variations to the Enterprise Agreement, ensuring that the new terms would be implemented effectively.

The final orders of the Commission included the approval of the proposed changes to the Enterprise Agreement, which were to come into effect on a specified date. The Commission also ordered that the new agreement be registered with the Fair Work Ombudsman, ensuring its legal validity and enforceability. This decision provided clarity and certainty for both the Independent Education Union of Australia NSW/ACT Branch and Children's Services Community Management Limited, allowing them to proceed with the revised terms of their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established