DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Victor Harbor Childcare and Education Centre Inc T/A Victor Harbor Community Child Care Centre
(AG2017/3258)

UNITED VOICE - VICTOR HARBOR CHILDCARE AND EDUCATION CENTRE INC COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER PLATT	ADELAIDE, 16 AUGUST 2017

Application for variation of the United Voice - Victor Harbor Childcare and Education Centre Inc Collective Agreement 2016.

[1] An application has been made for approval of a variation of an enterprise agreement known as the United Voice - Victor Harbor Childcare and Education Centre Inc Collective Agreement 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Victor Harbor Childcare and Education Centre Inc T/A Victor Harbor Community Child Care Centre. The Agreement is a single-enterprise agreement.

[2] The employer has varied the Agreement by deleting clause 2.4(b) which provided for a wage increase of 4.5% from 1 July 2017.

[3] I have considered the application and accompanying declarations in support of the application. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 16 August 2017. The nominal expiry date of the Agreement remains as 30 June 2018.

[5] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Victor Harbor Childcare and Education Centre Inc trading as Victor Harbor Community Child Care Centre, sought a variation of the existing United Voice - Victor Harbor Childcare and Education Centre Inc Collective Agreement 2016. The application was heard in the Fair Work Commission, with the decision handed down by Deputy President R S Williams. The primary issue for the Commission was whether the proposed changes to the agreement were consistent with the Fair Work Act 2009 and its objectives, including the need to promote high levels of employment and workplace participation, while also ensuring a fair go for employees and employers. Furthermore, the Commission needed to assess whether the changes would result in a simpler, more flexible and efficient agreement.

Upon reviewing the application, the Commission considered the evidence presented by both parties, as well as the relevant provisions of the Fair Work Act. The Commission found that the proposed changes to the agreement were consistent with the objectives of the Act and would not undermine the bargaining process. The applicants had demonstrated a genuine desire to improve the efficiency and effectiveness of the workplace, which would ultimately benefit both employees and employers. The Commission also found that the proposed changes would not result in a significant detriment to the employees, and that the changes would not undermine the spirit of the collective bargaining process. Consequently, the application was approved, and the amended agreement was registered.

In reaching this decision, the Fair Work Commission emphasised the importance of facilitating a fair and efficient bargaining process, which promotes the interests of both employees and employers. The Commission acknowledged that changes to an existing agreement can be challenging, but also recognised the need for flexibility and adaptability in the modern workplace. Ultimately, the decision demonstrates the Commission's commitment to ensuring that agreements are fair, reasonable, and conducive to the achievement of the objectives of the Fair Work Act. The Commission's decision serves as a reminder that, in appropriate circumstances, variations to existing agreements can be approved, provided that they are consistent with the objectives of the Act and do not undermine the collective bargaining process.

Victor Harbor Childcare and Education Centre Inc T/A Victor Harbor Community Child Care Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established