United Voice

[2013] FWCA 4359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

United Voice
(AG2013/7241)

UNITED VOICE AND RAINBOW EARLY CHILDHOOD CENTRE AGREEMENT 2012

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 3 JULY 2013

Application for variation of the United Voice and Rainbow Early Childhood Centre Agreement 2012.

[1] An application has been made for approval of a variation to an enterprise agreement known as the United Voice and Rainbow Early Childhood Centre Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by United Voice. 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 3 July 2013. The nominal expiry date of the Agreement is 6 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In this case, United Voice, the applicant, sought a variation of the United Voice and Rainbow Early Childhood Centre Agreement 2012. The application was made to the Fair Work Commission, which adjudicated on the matter. The primary issue before the Commission was whether certain provisions of the agreement could be altered to better accommodate the needs of the early childhood education sector, specifically relating to the classification of employees and the conditions of their employment.

The Commission considered the legal framework provided by the Fair Work Act 2009 and the principles established in relevant case law. It assessed whether the proposed variations were necessary and appropriate to maintain fairness and balance in the workplace. The Commission also examined the submissions from both parties, including the evidence provided by United Voice and the responses from Rainbow Early Childhood Centre. The applicant argued that the changes were essential to address current economic realities and improve the efficiency and effectiveness of the workplace.

After careful consideration, the Commission found that the proposed variations were reasonable and necessary to achieve a fair and equitable outcome for both parties. The Commission determined that the changes would not undermine the fundamental principles of the agreement and would benefit the employees by providing better conditions. The Fair Work Commission subsequently varied the agreement as requested, ensuring that the new provisions would be implemented in a manner that maintains industrial peace and avoids unnecessary disruption to the workplace. The final orders reflect the Commission's determination, outlining the specific changes to the agreement and the effective date of the variation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established