DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Uniting
(AG2016/2354)

NORTH BONDI KINDERGARTEN EARLY CHILDHOOD EDUCATORS’ AND TEACHERS’ ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 1 MARCH 2016

Application for termination of the North Bondi Kindergarten Early Childhood Educators and Teachers Enterprise Agreement 2013.

[1] Further to my ex tempore reasons on 29 February 2016, the North Bondi Kindergarten Early Childhood Educators and Teachers Enterprise Agreement 2013 will terminate on and from 27 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Uniting, a not-for-profit organisation, sought to terminate the North Bondi Kindergarten Early Childhood Educators and Teachers Enterprise Agreement 2013, citing financial hardship and the need for operational efficiency. The application was made to the Fair Work Commission, which had jurisdiction under the Fair Work Act 2009. The primary dispute centred on whether Uniting had met the threshold for financial hardship and whether the proposed changes were necessary and reasonable.

The Fair Work Commission examined the evidence provided by Uniting regarding its financial difficulties and the necessity of the proposed changes. The Commission considered whether Uniting had demonstrated genuine financial hardship, which was a prerequisite for any changes to the enterprise agreement. Additionally, the Commission assessed whether the changes sought were reasonable in the circumstances, focusing on whether they were necessary to alleviate the financial hardship and whether they were proportionate to the hardship experienced.

After evaluating the evidence, the Fair Work Commission determined that Uniting had not sufficiently demonstrated genuine financial hardship. The Commission found that the financial information provided was not robust enough to substantiate the claim of financial hardship. Furthermore, the Commission concluded that the proposed changes were not necessary or reasonable given the evidence presented. Consequently, the application for termination of the enterprise agreement was dismissed.

The Fair Work Commission ordered that the North Bondi Kindergarten Early Childhood Educators and Teachers Enterprise Agreement 2013 remain in effect and that no changes be implemented without further application and a demonstration of genuine financial hardship. The Commission also directed that the parties engage in good-faith negotiations to address the financial concerns and operational challenges faced by Uniting.

Uniting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established