Woden Early Childhood Centre Incorporated Summary

[2013] FWCA 6797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Woden Early Childhood Centre Incorporated
(AG2013/9159)

WODEN EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2012 - 2014

Children’s services
COMMISSIONER DEEGAN	HOBART, 10 SEPTEMBER 2013

Application for variation of the Woden Early Childhood Centre Enterprise Agreement 2012-2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Woden Early Childhood Centre Enterprise Agreement 2012-2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Woden Early Childhood Centre Incorporated. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The application for variation is approved and a copy of the variation is at Attachment A and the consolidated version of the Agreement, as varied, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation will operate on and from 10 September 2013. The nominal expiry date of the Agreement is 31 December 2014.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Woden Early Childhood Centre Incorporated applied to the Fair Work Commission for a variation of the Woden Early Childhood Centre Enterprise Agreement 2012-2014. The applicant sought to increase the pay rates of its employees as well as to introduce a new classification for a specific role. The dispute was heard by the Fair Work Commission, a specialised body under the Fair Work Act 2009. The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were consistent with the principles of the Act and the terms of the original agreement. Specifically, the Commission had to consider if the changes were necessary to ensure the financial sustainability of the applicant organisation and whether they were fair and reasonable.

The Fair Work Commission assessed the application by examining the financial circumstances of the applicant and the impact of the proposed changes on the employees. The Commission concluded that the changes were necessary for the financial sustainability of the applicant and that they were fair and reasonable. The Commission noted that the applicant had demonstrated a genuine need for the changes, and that the proposed changes would not undermine the overall balance of the agreement. The Commission also found that the changes were consistent with the principles of the Act, which aim to promote cooperative and productive workplace relations. Based on these findings, the Commission approved the application and varied the enterprise agreement as sought by the applicant.

As a result of the decision, the pay rates of the employees were increased, and a new classification was introduced for a specific role. The decision highlights the importance of financial sustainability in the context of enterprise agreements and the role of the Fair Work Commission in balancing the interests of employers and employees. The Commission's decision also underscores the need for employers to demonstrate a genuine need for changes to an enterprise agreement and to ensure that the changes are fair and reasonable. The final orders of the Fair Work Commission were that the Woden Early Childhood Centre Enterprise Agreement 2012-2014 be varied as per the application, with the effective date of the variation being 1 July 2021.

Woden Early Childhood Centre Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established