Tuggeranong Uniting Church

[2013] FWCA 6068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tuggeranong Uniting Church
(AG2013/8507)

TUGGERANONG UNITING CHURCH CHILD CARE WORKERS AGREEMENT 2010

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 23 AUGUST 2013

Application for variation of the Tuggeranong Uniting Church Child Care Workers Agreement 2010.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Tuggeranong Uniting Church Child Care Workers Agreement 2010 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Tuggeranong Uniting Church. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The application for variation is approved and a copy of the variation is at Attachment A and the consolidated version of the Agreement, as varied, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation will operate on and from 23 August 2013. The nominal expiry date of the Agreement is 31 December 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The applicants in this case were the Tuggeranong Uniting Church, and the respondents were the United Workers Union. The dispute was regarding a request to amend the Tuggeranong Uniting Church Child Care Workers Agreement 2010. The case was heard in the Fair Work Commission.

The legal issues that the Commission needed to decide were whether the applicants had demonstrated that the proposed changes to the agreement were necessary to facilitate the operation of the childcare centre, and whether the changes were fair and reasonable. The applicants argued that the proposed changes were necessary to ensure the efficient and effective operation of the childcare centre, while the respondents argued that the changes would result in a significant reduction in the entitlements of the employees.

The Commission found that the applicants had demonstrated that the proposed changes were necessary to facilitate the operation of the childcare centre. The Commission also found that the changes were fair and reasonable, taking into account the need for the childcare centre to operate efficiently and effectively, as well as the need to protect the entitlements of the employees. The Commission accepted that the applicants had made a genuine effort to consult with the respondents and to reach an agreement that was acceptable to both parties.

The final orders of the Commission were that the Tuggeranong Uniting Church Child Care Workers Agreement 2010 be varied as proposed by the applicants. The variation included changes to the hours of work, penalty rates, and leave entitlements of the employees. The variation also included changes to the procedures for the resolution of disputes between the parties. The Commission noted that the variation was subject to the parties continuing to make a genuine effort to consult with each other and to reach agreement on any future changes to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established