DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Independent Education Union of Australia-Queensland and Northern Territory Branch
(AG2019/1736)

DAYBORO COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 11 SEPTEMBER 2019

Application for variation of the Dayboro Community Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Dayboro Community Kindergarten Early Childhood Education Enterprise Agreement 2016 (the Agreement). The application was made by Independent Education Union of Australia-Queensland and Northern Territory Branch pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 11 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved the Independent Education Union of Australia-Queensland and Northern Territory Branch (the applicant) and the Dayboro Community Kindergarten (the respondent). The applicant sought a variation to the Dayboro Community Kindergarten Early Childhood Education Enterprise Agreement 2016, specifically in relation to the working hours of early childhood educators. The FWC was tasked with determining whether the proposed changes were necessary and appropriate under the Fair Work Act 2009.

The legal issues before the FWC included whether the proposed changes to the working hours were warranted by the evidence presented and whether they aligned with the principles of fairness and reasonableness as required by the Fair Work Act. The applicant argued that the proposed changes were necessary to ensure the well-being of the educators and the quality of education provided, while the respondent contended that the existing agreement adequately catered to the needs of the educators and the institution.

The FWC considered the evidence presented by both parties and found that the applicant had demonstrated a genuine need for the proposed changes. The Commission highlighted the importance of balancing the rights and interests of both the educators and the institution. It concluded that the proposed changes were reasonable and necessary to address the specific circumstances of the Dayboro Community Kindergarten. As a result, the FWC granted the application for variation of the agreement, allowing the changes to the working hours to proceed as proposed. This decision was made in the interest of fairness and to ensure the well-being of the educators and the quality of education provided at the kindergarten.

Independent Education Union of Australia-Queensland and Northern Territory Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established