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[2013] FWCA 4876

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7406)

KATE'S PLACE DAY CARE CENTRE PTY LTD ENTERPRISE AGREEMENT 2012

Children's services
COMMISSIONER BOOTH	BRISBANE, 19 JULY 2013

Application for variation of the Kate's Place Day Care Centre Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Kate's Place Day Care Centre Pty Ltd Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by United Voice.

[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 19 July 2013.

[5] A consolidated version of the Agreement as varied is attached.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

United Voice applied to the Fair Work Commission for a variation of the Kate's Place Day Care Centre Pty Ltd Enterprise Agreement 2012. The application was made under section 236 of the Fair Work Act 2009, seeking amendments to various provisions concerning the employees' working hours, leave entitlements, and classification. Kate's Place opposed the application, arguing that the proposed changes were not in the best interests of the business and would place an undue financial burden on the company. The dispute was heard by the Fair Work Commission, which was required to determine whether the proposed variations were appropriate and in line with the objectives of the Fair Work Act.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were justified and necessary for the protection of the employees' interests. The Commission needed to consider the impact of the changes on both the employees and the employer, weighing the benefits and drawbacks of each proposed variation. Additionally, the Commission had to ensure that the changes were consistent with the principles of the Fair Work Act, including fairness and the promotion of harmonious, productive, and cooperative workplace relations.

In its decision, the Commission acknowledged the importance of balancing the interests of both the employees and the employer. The Commission found that while some of the proposed changes were beneficial to the employees, such as the provision of additional leave entitlements, others placed an undue burden on the employer. The Commission emphasised that the enterprise agreement should promote a cooperative and productive workplace, and that any changes should not undermine this goal. Ultimately, the Commission decided to vary the agreement in part, approving some of the proposed changes while rejecting others. The Commission's decision was based on its assessment of the overall impact of the changes on the parties and the principles of the Fair Work Act.

The Commission's final orders included the variation of certain provisions of the enterprise agreement, such as the provision of additional leave entitlements, while rejecting others, such as changes to the employees' working hours. The decision reflects the Fair Work Commission's commitment to promoting fair and productive workplace relations and ensuring that any changes to enterprise agreements are in the best interests of both the employees and the employer.

United Voice

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