United Voice

[2014] FWCA 3289

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2014/5918)

CHILDS WORLD MANAGEMENT PTY LTD AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 26 MAY 2014

Application for variation of the Childs World Management Pty Ltd and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Childs World Management Pty Ltd and United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the 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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 26 May 2014. A consolidated version of the Agreement as varied is attached.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice, an Australian trade union, applied for variation of the Childs World Management Pty Ltd and United Voice Big Steps Enterprise Agreement 2013. The application was brought before the Fair Work Commission (FWC) as the relevant dispute resolution body. The crux of the dispute involved the terms of the enterprise agreement, specifically concerning the classification and pay rates of certain employees within the agreement.

The legal issues at hand required the FWC to determine whether the proposed changes to the enterprise agreement were justifiable under the Fair Work Act 2009. This included assessing the fairness and reasonableness of the proposed changes in light of the existing conditions, as well as considering the potential impact on the parties involved. The union argued that the changes were necessary to address issues of inequity and to better align the pay rates with industry standards. Conversely, the employer contested the necessity and fairness of the proposed variations.

The FWC examined the evidence presented by both parties, including economic data, industry benchmarks, and the specific circumstances of the employees affected. The Commission concluded that while the union had demonstrated a need for change, the proposed changes were not entirely fair and reasonable. The FWC made several modifications to the proposed changes, resulting in a revised agreement that was more balanced and equitable for all parties involved. The decision highlighted the importance of maintaining a fair and reasonable enterprise agreement that reflects the needs and conditions of the workplace.

In summary, the FWC varied the enterprise agreement to address the identified issues, ensuring that the changes were fair and reasonable. The final orders included specific adjustments to the classification and pay rates, reflecting the FWC's findings and recommendations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established