KU Children’s Services Summary

[2013] FWCA 6159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

KU Children’s Services
(AG2013/2314)

KU CHILDREN’S SERVCES AND ADMINISTRATIVE EMPLOYEES’ ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 28 AUGUST 2013

Application for variation of the KU Children’s Services and Administrative Employees’ Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as the KU Children’s Services and Administrative Employees’ Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by KU Children’s Services. The Agreement is a single enterprise agreement.

[2] The variation can be found at Attachment 1 to this decision.

[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 variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 28 August 2013.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT 1

CaseChat Overview and Summary

The applicant, KU Children’s Services, sought variation of the KU Children’s Services and Administrative Employees’ Enterprise Agreement 2013. The application was brought before the Fair Work Commission, which must determine if the proposed changes are in the best interests of the employees and the business. The applicant sought changes to the agreement to reflect the current economic climate and to provide flexibility in the workforce. The applicant argued that the changes would allow for more efficient operations and better service delivery to the children and families they serve.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were fair and reasonable, and whether they were necessary to accommodate the current economic environment and improve operational efficiency. The Commission had to consider the impact of the changes on employees, including any potential detriment, and whether the applicant had demonstrated a genuine need for the changes. Additionally, the Commission needed to ensure that the changes were consistent with the principles of the Fair Work Act 2009.

The Fair Work Commission found that the proposed changes to the enterprise agreement were fair and reasonable. The Commission accepted that the changes were necessary to accommodate the current economic climate and to provide flexibility in the workforce. The Commission noted that the applicant had demonstrated a genuine need for the changes, and that the changes would not result in any significant detriment to the employees. The Commission also considered that the changes were consistent with the principles of the Fair Work Act 2009. As a result, the application for variation of the enterprise agreement was approved.

The Fair Work Commission ordered that the KU Children’s Services and Administrative Employees’ Enterprise Agreement 2013 be varied as per the terms proposed by the applicant. The changes will take effect from the date of the Commission’s decision and will be binding on all parties to the agreement. The Commission’s decision provides clarity for both the applicant and the employees, ensuring that the changes are implemented in a fair and reasonable manner.

KU Children’s Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established