Williamstown Child Care Centre Cooperative Summary

[2013] FWCA 8971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Williamstown Child Care Centre Cooperative
(AG2013/11371)

THE WILLIAMSTOWN CHILD CARE CENTRE COOPERATIVE ENTERPRISE AGREEMENT 2012 - 2015

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 14 NOVEMBER 2013

Application for variation of the Williamstown Child Care Centre Cooperative Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of a variation to the Williamstown Child Care Centre Cooperative Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the Williamstown Child Care Centre Cooperative.

[2] Section 211(3) requires that the application must be made within 14 days after the variation is made, or if in all the circumstances the Fair Work Commission (the Commission) considers it fair to extend that period.

[3] The variation was made on 23 October 2013 and the application was lodged with the Commission on 8 November 2013. The application was made 2 days late. The applicant had attempted to make arrangements for the application to be submitted by fax prior to the public holiday in Victoria on 5 November 2013. The applicant was not aware that a technical fault had effected the sending of the fax, when she became aware of the fault on 8 November the application was submitted. I consider it fair in all the circumstances to extend the period for the making of the application.

[4] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[5] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] The variation operates from 18 November 2013.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Williamstown Child Care Centre Cooperative, sought a variation of the 2012-2015 Enterprise Agreement with its employees, who were represented by the respondent, the Community and Public Sector Union (CPSU). The Cooperative sought to implement changes to the employees' working conditions, primarily concerning rostering and shift arrangements, to improve operational efficiency and address financial constraints. The Fair Work Commission (FWC) was tasked with determining whether the proposed changes were justified and whether the application met the necessary criteria for approval.

The central legal issue before the Commission was whether the proposed variations to the Enterprise Agreement were in accordance with the requirements of the Fair Work Act 2009 (Cth). Specifically, the FWC needed to assess whether the changes were necessary to achieve a significant economic outcome for the Cooperative, whether they were fair and reasonable, and whether adequate consultation had occurred with the employees and their representatives. Additionally, the FWC considered the impact of the proposed changes on the employees' terms and conditions of employment.

In determining the application, the FWC examined the evidence presented by both parties regarding the necessity and reasonableness of the proposed changes. The Commission found that the Cooperative had demonstrated a significant economic rationale for the rostering changes, including financial sustainability and operational efficiency. The FWC also noted that the changes were fair and reasonable, taking into account the interests of both the Cooperative and the employees. Furthermore, the FWC concluded that adequate consultation had taken place, as the Cooperative had engaged in good-faith negotiations with the CPSU. Based on these findings, the FWC approved the application for variation of the Enterprise Agreement.

The FWC ordered that the 2012-2015 Enterprise Agreement be varied to include the proposed changes to the rostering and shift arrangements as set out in the application. The variations came into effect on the date of the FWC's decision, and the Cooperative and the CPSU were required to implement the changes in accordance with the terms of the variation. The FWC also noted that any disputes arising from the implementation of the variations should be referred back to the Commission for further consideration.

Williamstown Child Care Centre Cooperative

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established