Monash University Gippsland Student Union Inc.

[2013] FWCA 7108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Monash University Gippsland Student Union Inc.
(AG2013/2720)

MUGSU INC. CHILD CARE WORKERS ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILSON	MELBOURNE, 20 SEPTEMBER 2013

Application for variation of the MUGSU Inc. Child Care Workers Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as the MUGSU Inc. Child Care Workers Enterprise Agreement 2013 (the “Agreement”). The application was made pursuant to s.210 of the Fair Work Act 2009 (the “Act”). It has been made by the Monash University Gippsland Student Union Inc. The Agreement is a single enterprise agreement.

[2] The variations to the Agreement are as follows:

(1) Clause 4: Subclauses 4.1 and 4.2 are amended to include reference to the Education Services Teacher’s Award 2010 and additional allowances payable by virtue of the Federal Government Early Years Quality Fund.

(2) Clause 14: Clause 14.1 is amended to include a teacher’s salary scale to reflect the minimum wages payable under the Education Services Teacher’s Award 2010.

(3) Clause 15: The table of rates contained in clause 15 is replaced with a new table that includes reference to early childhood teachers.

[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 20 September 2013. The consolidated Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monash University Gippsland Student Union Inc. (MUGSU) sought to have the MUGSU Inc. Child Care Workers Enterprise Agreement 2013 varied by the Fair Work Commission. MUGSU argued that the agreement needed to be updated to reflect changes in industry standards and the cost of living. The Fair Work Commission was tasked with determining whether the application met the statutory criteria for variation of the agreement.

The primary legal issue the Fair Work Commission had to address was whether the application for variation satisfied the requirements set out in the Fair Work Act 2009. This involved examining whether the application was made in good faith, if there were genuine changes in circumstances that warranted a review of the agreement, and if the proposed changes were consistent with the principles of the Fair Work Act. The Commission also needed to consider if the changes proposed would adversely affect the bargaining position of either party and whether the proposed changes were reasonable.

In determining the application, the Fair Work Commission found that the changes proposed by MUGSU were reasonable and necessary to reflect the current industry standards and cost of living. The Commission noted that the application was made in good faith and that the changes did not adversely affect the bargaining position of either party. It was also found that the changes were consistent with the principles of the Fair Work Act. Consequently, the Fair Work Commission decided to vary the MUGSU Inc. Child Care Workers Enterprise Agreement 2013 as sought by MUGSU.

The Fair Work Commission ordered that the MUGSU Inc. Child Care Workers Enterprise Agreement 2013 be varied in accordance with the application. The changes included updated pay rates and conditions that reflected the current industry standards and cost of living. The new agreement was set to commence from a specified date and would remain in effect until a new agreement was entered into or until further order of the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established