United Voice

[2013] FWCA 7728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

United Voice
(AG2013/9416)

EAST BRUNSWICK KINDERGARTEN AND CHILDCARE CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 3 OCTOBER 2013

Application for variation of the East Brunswick Kindergarten and Childcare Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as the East Brunswick Kindergarten and Childcare Centre and United Voice Professional Childcare Standard 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 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 23 August 2013.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by United Voice to vary the East Brunswick Kindergarten and Childcare Standard 2013. The applicant sought changes to the terms and conditions of employment for employees working at the East Brunswick Kindergarten and Childcare Centre. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the proposed changes were necessary and reasonable in all the circumstances, and whether the process for making the changes was procedurally fair. The applicant argued that the changes were necessary to improve efficiency and better meet the needs of the centre. The respondent, United Voice, contended that the changes would result in a reduction in employee entitlements and were not justified.

The Commission found that the applicant had not demonstrated that the proposed changes were necessary or reasonable. The Commission noted that the applicant had not provided sufficient evidence to support the claim that the changes would result in improved efficiency or better meet the needs of the centre. The Commission also found that the process for making the changes was procedurally fair, as the applicant had provided the respondent with an opportunity to make submissions on the proposed changes.

The application was dismissed, and the East Brunswick Kindergarten and Childcare Standard 2013 remained in effect. The Commission emphasised the importance of ensuring that any changes to employment conditions are necessary, reasonable and supported by evidence, and that any process for making such changes is procedurally fair. The Commission also noted that any changes to employment conditions must be in accordance with the relevant industrial instrument and any applicable legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established