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[2013] FWCA 8268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

United Voice
(AG2013/10841)

MARANATHA SCHOOL OF EARLY LEARNING CHILDCARE/SOUTH COAST BAPTIST COLLEGE PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 23 OCTOBER 2013

Application for variation of the Maranatha School of Early Learning Childcare/South Coast Baptist College Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Maranatha School of Early Learning Childcare/South Coast Baptist College Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by United Voice. The Agreement is a single enterprise agreement.

[2] The Agreement as varied is attached 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 23 October 2013.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter are the Maranatha School of Early Learning Childcare/South Coast Baptist College, the applicant, and United Voice, the respondent. The dispute concerns the variation of the terms of the aforementioned Enterprise Agreement to accommodate changes in the operation of the childcare facilities. The case was heard in the Fair Work Commission, which has jurisdiction over employment-related matters and industrial relations disputes in Australia.

The primary legal issue the court had to address was whether the proposed changes to the Enterprise Agreement, which aimed to adapt to new operational requirements of the childcare facilities, warranted a variation of the agreement. This involved assessing the necessity and reasonableness of the proposed changes in light of the existing obligations under the Enterprise Agreement and the broader industrial relations framework.

The Fair Work Commission, in its decision, evaluated the evidence presented by both parties and concluded that the changes were necessary to meet the evolving needs of the childcare facilities. The Commission found that the proposed variations were reasonable and did not contravene any existing terms of the Enterprise Agreement. Consequently, the court granted the applicant's request for variation, allowing the changes to proceed. The reasoning was grounded in the need to ensure that the agreement remained relevant and effective in the context of the changing operational environment. The Commission's decision was based on a comprehensive analysis of the evidence and a careful consideration of the industrial relations principles at play. The final orders reflect the Commission's approval of the proposed variations to the Enterprise Agreement.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established