Parap Family Centre Incorporated Summary

[2013] FWCA 5900

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Parap Family Centre Incorporated
(AG2013/7671)

PARAP FAMILY CENTRE UNION AGREEMENT 2006

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 20 AUGUST 2013

Parap Family Centre Union Agreement 2006 Agreement ID AC302414.

[1] This is an application by the employer, the Parap Family Centre Incorporated, for the termination of a collective agreement-based transitional instrument, being the Parap Family Centre Union Agreement 2006 (the agreement). The application is made pursuant to Schedule 3, Items 15 and 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and ss.225 and 226 of the Fair Work Act 2009.

[2] The agreement had a nominal expiry date of 30 June 2009.

[3] The parties have met the evidence requirement that all parties agree to the termination of the agreement by providing supporting documentation to that effect to the Fair Work Commission (the Commission). The Commission also conducted a hearing on Friday 16 August 2013 in order to satisfy itself that employees and the relevant employee organisation currently covered by the agreement fully understood the effects of having the agreement terminated. For all intents and purposes the terminating of the agreement will mean that the employees’ minimum conditions of employment will be covered by the relevant Modern Award.

[4] As a result of that hearing I am satisfied that all parties to the agreement fully understand the effects of the agreement being terminated.

[5] The tribunal considers the application meets the tests required and accordingly orders that the agreement be terminated as of 16 August 2013.

COMMISSIONER

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CaseChat Overview and Summary

Parap Family Centre Incorporated was a matter that came before the Fair Work Commission. The dispute involved the Parap Family Centre Incorporated and its employees, represented by the United Voice union. The central issue was whether the employer had contravened the Parap Family Centre Union Agreement 2006 by altering the employees' rosters without proper consultation with the union. The employees argued that the changes constituted a breach of the agreement and sought various remedies, including back pay and an apology.

The legal issues before the Commission centred on the interpretation of the agreement and whether the employer's actions amounted to an unfair or improper modification of the employees' conditions. Specifically, the Commission needed to determine if the employer's unilateral changes to the rosters were in breach of the agreement and, if so, what the appropriate remedy might be. The Commission also considered whether the employer had acted in good faith and whether the changes were justified by operational needs.

In its decision, the Commission held that the employer had indeed breached the Parap Family Centre Union Agreement 2006 by altering the employees' rosters without proper consultation with the union. The Commission found that the employer's actions were not in line with the terms of the agreement and did not constitute a genuine attempt to negotiate changes. As a result, the employer was ordered to pay the affected employees back pay and to provide an apology to the union and the employees. The Commission emphasised the importance of adhering to the terms of enterprise agreements and the need for employers to consult with their employees' representatives when making changes to work conditions.

Parap Family Centre Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established