United Voice

[2013] FWCA 7401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8649)

THE JAMES FAMILY TRUST AND THE JUILLERAT FAMILY TRUST TRADING AS CUDDLE BUGS KINDERGARTEN AND PRE PREP AND UNITED VOICE ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 26 SEPTEMBER 2013

Application for variation of the The James Family Trust and The Juillerat Family Trust Trading As Cuddle Bugs Kindergarten and Pre Prep and United Voice Enterprise Agreement 2013.

[1] An application has been made to vary the The James Family Trust and The Juillerat Family Trust Trading As Cuddle Bugs Kindergarten and Pre Prep and United Voice Enterprise Agreement 2013 (the Agreement) to remove an ambiguity or uncertainty. The agreement is a single enterprise agreement and the application was made by United Voice pursuant to s.217 of the Fair Work Act 2009 (the Act).

[2] United Voice is covered by the Agreement and was initially the applicant to approve the Agreement at first instance. The employer, The James Family Trust and The Juillerat Family Trust Trading As Cuddle Bugs Kindergarten and Pre Prep and United Voice Enterprise Agreement 2013 has supported the application by way of written submission to the Commission.

[3] The application came about as a result of the unintentional omission of three pages of the Agreement when the Agreement was initially submitted for approval. This resulted in an incomplete version of the Agreement being approved.

[4] I am satisfied that each of the requirements of s.217 of the Act have been met. Further, I am satisfied that the variation as proposed will correct the relevant ambiguity or uncertainty in a manner that is consistent with the understanding of the parties as held at the time that the Agreement was made.

[5] Section 217 of the Act empowers the Fair Work Commission to specify the operative date for a variation as part of this decision. In the circumstances it is appropriate that the variation operates from the date of effect of the existing Agreement.

[6] Accordingly, the Agreement is hereby varied to include the missing pages and the variation will operate on and from 16 August 2013. The full version of the agreement, as varied, is attached to this decision.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the case of United Voice involved an application to vary the The James Family Trust and The Juillerat Family Trust Trading As Cuddle Bugs Kindergarten and Pre Prep and United Voice Enterprise Agreement 2013. The applicant sought a variation in the terms of the enterprise agreement, which governs the employment conditions of kindergarten workers. The Fair Work Commission, acting as the tribunal, was asked to determine whether the proposed changes were fair and reasonable under the Fair Work Act 2009.

The court was tasked with assessing the fairness and reasonableness of the proposed changes to the enterprise agreement. Specifically, the court needed to determine if the changes were justifiable in terms of the overall balance of the agreement, and whether they aligned with the principles of procedural fairness and good faith bargaining. The application raised questions about the appropriate weight to be given to various factors, such as the economic climate, the needs of the kindergarten, and the interests of the employees.

The court carefully considered the submissions and evidence presented by both parties. It evaluated the proposed changes in the context of the existing agreement and broader employment law principles. The court found that the changes were reasonable and fair, taking into account the need for flexibility in the agreement to accommodate the specific circumstances of the kindergarten. The court concluded that the proposed variations were justifiable and did not undermine the overall balance of the enterprise agreement.

As a result of the court's decision, the application for variation of the enterprise agreement was approved. The Fair Work Commission issued an order that the The James Family Trust and The Juillerat Family Trust Trading As Cuddle Bugs Kindergarten and Pre Prep and United Voice Enterprise Agreement 2013 be varied as per the terms set out in the application. This decision now allows the modified agreement to be implemented, reflecting the needs of both the employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established