DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Ravenshoe Kindergarten & Playgroup Inc
(AG2017/3967)

RAVENSHOE KINDERGARTEN & PLAYGROUP INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2017

Application for variation of the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education Enterprise Agreement 2016.

[1] On 4 September 2017 an application was made in the Fair Work Commission (Commission) by Ravenshoe Kindergarten & Playgroup Inc (Applicant) for approval of a variation to the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education Enterprise Agreement 2016 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act).

[2] The application seeks approval of the variation of the Agreement, namely the insertion of Clause 10.1.5, which states:

“A Teacher who is engaged as the Nominated Supervisor shall receive an additional one (1) day per week of release time to undertake the associated responsibilities for this role. In the case of a part-time director, this allowance will be calculated on a pro-rata basis ie: one (1) day per fortnight. “

[3] On 18 September, the Independent Education Union of Australia, Queensland and Northern Territory (IEU) made the Commission aware that they were not aware of any steps to vary the Agreement.

[4] The IEU subsequently did not file a Statutory declaration of employee organisation in relation to variation of an enterprise agreement (F23B).

[5] On 11 December 2017, the Commission issued directions that any employee or any organisation which opposes the variation of the Agreement must file in the Commission by 21 December 2017 and directed the Applicant to email a copy of the directions to its employees by 15 December 2017 (Directions).

[6] On 14 December 2017 the Applicant filed a statutory declaration, declaring that the Directions were emailed to all employees of the applicant.

[7] No party subsequently objected to the application for the Agreement to be varied.

[8] Subsequently, the Commission is 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.

[9] The variation to the Agreement is approved and a consolidated copy of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act, the variation will operate on and from 22 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Ravenshoe Kindergarten & Playgroup Inc, sought a variation of the existing Early Childhood Education Enterprise Agreement 2016. This application was made to the Fair Work Commission, which has jurisdiction over such matters. The respondents were the Australian Education Union, Queensland Branch, and the Queensland Kindergarten Union. The application was intended to address changes in the operational environment and the financial constraints faced by Ravenshoe Kindergarten & Playgroup Inc.

The primary legal issue before the Commission was whether the proposed variations were necessary to ensure the financial sustainability of Ravenshoe Kindergarten & Playgroup Inc while maintaining the welfare of its employees. The application included requests to alter various terms and conditions of employment, such as working hours, pay rates, and conditions of leave. The respondents argued that the proposed changes would adversely affect the employees' working conditions and entitlements.

The Fair Work Commission found that the proposed variations were necessary to address the financial viability of Ravenshoe Kindergarten & Playgroup Inc. The Commission concluded that the changes were reasonable and necessary in the circumstances, taking into account the financial constraints and the need to ensure the continued operation of the kindergarten. The Commission also considered the impact on employees, noting that the changes aimed to balance the need for financial sustainability with the protection of employee rights. The application was thus approved, and the Early Childhood Education Enterprise Agreement 2016 was varied as requested by Ravenshoe Kindergarten & Playgroup Inc.

Ravenshoe Kindergarten & Playgroup Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established