United Voice

[2013] FWCA 7731

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2922)

ROWVILLE LAKES EARLY LEARNING CENTRE AND UNITED VOICE (VICTORIA) BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for variation of the Rowville Lakes Early Learning Centre and United Voice (Victoria) Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Rowville Lakes Early Learning Centre and United Voice (Victoria) Big Steps 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 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 12 August 2013.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved United Voice, an employee union, and the Rowville Lakes Early Learning Centre, an employer. The dispute centred on the application for variation of the existing enterprise agreement, specifically the Rowville Lakes Early Learning Centre and United Voice (Victoria) Big Steps Enterprise Agreement 2013. The union sought to amend the agreement to better address certain employment conditions, while the employer opposed these changes, arguing they were unwarranted and could adversely affect operational efficiency. The Fair Work Commission was tasked with evaluating the application and determining whether the proposed variations should be approved.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement were necessary and whether they were consistent with the principles of good faith bargaining and procedural fairness. The Commission had to consider the evidence presented by both parties and assess whether the changes would improve the fairness and efficiency of the workplace. Additionally, the Commission needed to ensure that the process followed in seeking these changes adhered to the legal requirements set out in the Fair Work Act 2009.

The Commission carefully examined the evidence and submissions from both United Voice and the Rowville Lakes Early Learning Centre. It found that while the union had demonstrated a genuine need for some of the proposed changes, not all the requested amendments were necessary or appropriate. The Commission recognised the importance of maintaining a balance between the rights of employees and the operational needs of the employer. After weighing the benefits and potential drawbacks of the proposed changes, the Commission decided to approve some variations while rejecting others. The decision reflected a careful consideration of the need for fairness in the workplace and adherence to the principles of good faith bargaining.

In its final orders, the Commission approved certain variations to the enterprise agreement, specifically those that addressed the most pressing issues raised by the union. These approved changes were designed to improve the fairness and efficiency of the workplace while respecting the operational needs of the employer. The Commission emphasised that the approved variations were a compromise, balancing the interests of both parties. The decision underscored the importance of maintaining a fair and balanced approach in the resolution of workplace disputes, ensuring that both employees and employers have their legitimate concerns addressed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established