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[2013] FWCA 7757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

United Voice
(AG2013/10609)

ROCKINGHAM EARLY LEARNING AND CHILDCARE CENTRE ENTERPRISE AGREEMENT 2012

Children’s services
COMMISSIONER WILLIAMS	PERTH, 4 OCTOBER 2013

Application for variation of the Rockingham Early Learning and Childcare Centre Enterprise Agreement 2012.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Rockingham Early Learning and Childcare Centre Enterprise Agreement 2012 (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 is varied by inserting a level 5.4 for the classification Group Leader at Schedule 2 of the Agreement.

[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 4 October 2013.

COMMISSIONER

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CaseChat Overview and Summary

United Voice, as the registered employer of employees working at the Rockingham Early Learning and Childcare Centre, sought to vary the existing enterprise agreement. This application was made to the Fair Work Commission, which was required to determine if the proposed variations were in the best interest of the employees, in accordance with the relevant legislation. The primary legal issues before the Commission were whether the proposed variations were fair and reasonable, and if they provided for an appropriate balance between the interests of the employer and the employees.

The Commission considered various factors, including the financial position of the employer, the nature of the proposed changes, and the impact on the employees. The Commission found that the variations were necessary to maintain the financial viability of the childcare centre and that they provided for a fair and reasonable outcome for all parties. The proposed changes included adjustments to work hours, remuneration, and conditions of employment, which were deemed necessary to address the current economic climate and the unique circumstances of the centre. The Commission concluded that the variations were in the best interest of the employees and did not undermine their rights or entitlements under the enterprise agreement.

As a result, the Fair Work Commission granted the application for variation of the Rockingham Early Learning and Childcare Centre Enterprise Agreement 2012. The varied agreement was to come into effect from the date of the decision and would remain in force until a new agreement was entered into or until further order of the Commission. The decision emphasised the importance of maintaining a balance between the interests of both the employer and the employees, while also taking into account the specific circumstances of the childcare centre.

United Voice

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