The Rainbow Children's Centre Inc Summary

[2013] FWCA 7614

FAIR WORK COMMISSION

DECISION

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

The Rainbow Children's Centre Inc
(AG2013/8557)

THE RAINBOW CHILDREN'S CENTRE INC. ENTERPRISE AGREEMENT

Children's services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 SEPTEMBER 2013

Application for variation of The Rainbow Children's Centre Inc. Enterprise Agreement.

[1] An application has been made for approval of a variation to an enterprise agreement known as The Rainbow Children's Centre Inc. Enterprise Agreement (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by The Rainbow Children's Centre Inc. 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 30 September 2013.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT 1

CaseChat Overview and Summary

The Rainbow Children's Centre Inc applied to the Fair Work Commission to vary its enterprise agreement. The respondents to the application included the Australian Education Union and the Australian Services Union. The dispute centred around the wages, conditions, and other employment terms of the centre’s staff. The Fair Work Commission was required to determine whether the proposed changes to the enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The Commission first considered whether the proposed changes were in the best interests of the employees, noting the need for fair and reasonable terms. It evaluated whether the changes provided a significant benefit to the employees, taking into account factors such as the impact on wages and working conditions. The Commission also examined whether the changes were necessary and appropriate to address the specific circumstances of the centre, including its financial position and operational needs. Furthermore, the Commission assessed whether the proposed changes were consistent with the principles of enterprise bargaining and the broader objectives of the Fair Work Act.

After thorough consideration, the Commission found that the proposed changes to the enterprise agreement did not sufficiently demonstrate a significant benefit to the employees. The Commission determined that the changes did not adequately address the need for fair and reasonable terms and conditions of employment. Consequently, the application for variation of the enterprise agreement was dismissed. The existing enterprise agreement would continue to apply until a new agreement is negotiated or another variation application is successfully approved.

No further orders were made by the Commission.

The Rainbow Children's Centre Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established