DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Independent Education Union of Australia-Queensland and Northern Territory Branch
(AG2021/335)

ROSEWOOD & DISTRICT KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 3 MARCH 2021

Application for variation of the Rosewood & District Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made for approval of a variation to the Rosewood & District Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2020 (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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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

[5] In accordance with s.216 of the Act, the variation operates from 3 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia-Queensland and Northern Territory Branch applied to the Fair Work Commission for a variation of the Rosewood & District Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2020. The application was made in response to changes in the operating environment of the kindergarten, including the introduction of a new management structure and the implementation of a new payroll system. The union argued that these changes necessitated a revision of the enterprise agreement to ensure that the rights and obligations of the parties were appropriately aligned with the new circumstances.

The legal issues before the Commission included whether the changes to the management structure and payroll system constituted a "material change in circumstances" within the meaning of the Fair Work Act 2009. The Commission also had to determine whether the proposed variations to the enterprise agreement were necessary and appropriate in all the circumstances. This involved assessing the impact of the changes on the employees, the employer, and the operation of the kindergarten.

The Commission found that the changes to the management structure and payroll system did constitute a material change in circumstances. The union had demonstrated that the changes had a significant impact on the work performed by the employees, and that the existing enterprise agreement was no longer well-suited to the new operating environment. The proposed variations to the enterprise agreement were necessary and appropriate to address these changes and to ensure that the rights and obligations of the parties were appropriately aligned. The Commission approved the variations, subject to certain conditions, to ensure that the interests of all parties were protected.

The Commission made orders varying the enterprise agreement in accordance with the application, with effect from the date of the decision. The orders included provisions relating to the new management structure, the implementation of the new payroll system, and other changes to the operation of the kindergarten. The Commission also imposed certain conditions on the operation of the varied enterprise agreement, to ensure that the interests of all parties were protected.

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