DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Noarlunga Community Children’s Centres Incorporated
(AG2020/1053)

UNITED VOICE - NOARLUNGA COMMUNITY CHILDREN’S CENTRE INC COLLECTIVE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MAY 2020

Application for variation of the United Voice - Noarlunga Community Children’s Centre Inc Collective Agreement 2018

[1] An application has been made for approval of a variation to the United Voice - Noarlunga Community Children’s Centre Inc Collective Agreement 2018 (the Agreement). The application was made by Noarlunga Community Children’s Centres Incorporated pursuant to s 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary clause 7.1.12 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 Applicant provided written undertakings to meet concerns that particular requirements of ss 186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 11 April 2019. Those undertakings form part of the Agreement as varied.

[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 12 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Noarlunga Community Children’s Centres Incorporated recently came before the Fair Work Commission to seek a variation of the United Voice - Noarlunga Community Children’s Centre Inc Collective Agreement 2018. The applicant sought changes to the agreement to reflect changes in the operations and structure of the respondent entity, as well as changes in the roles and responsibilities of employees. The Fair Work Commission was tasked with determining whether the requested changes were reasonable and appropriate in the circumstances.

The key legal issues before the commission were whether the proposed changes were consistent with the principles of good faith bargaining and whether they were necessary and appropriate in light of the changes in the operational context. The commission considered the need for flexibility and adaptability in collective agreements, particularly in the context of changing business environments and workforce needs.

The commission found that the proposed changes were reasonable and appropriate, taking into account the need for flexibility and adaptability in the agreement. The commission also found that the applicant had engaged in good faith bargaining and had provided sufficient evidence to support the need for the changes. The commission therefore approved the variation of the collective agreement as sought by the applicant. The changes were considered necessary to reflect the evolving operational context and the changing roles and responsibilities of employees. The commission's decision was based on a careful consideration of the evidence and the principles of good faith bargaining and flexibility in collective agreements.

Noarlunga Community Children’s Centres Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established