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Fair Work Act 2009
s.158 - Application to vary or revoke a modern award
Application by United Voice
(AM2013/46; AM2013/47)
Application by Independent Education Union
(AM2014/7)
VICE PRESIDENT CATANZARITI SYDNEY, 24 JUNE 2014
Application to vary a modern award - application for interim orders - application for interim
orders dismissed.
[1] On 22 May 2014, the Independent Education Union filed an application for an interim
order pursuant to s.589 of the Fair Work Act 2009 that the transitional provisions in sub-
clauses A.3.7 and A.8 of the Educational Services (Teachers) Award 2010 continue to apply
as though sub-clause A.3.8 had no effect and notwithstanding the provisions of clause A.8.6.
On the same day, United Voice applied for a similar order in relation to the Children’s
Services Award 2010 that sub-clauses A.3.7 and A.3.8 would continue to apply as though sub-
clause A.3.9 had no effect. The unions sought for these orders to have effect until the
substantive applications to vary the awards were determined, or until further order of the Fair
Work Commission.
[2] The unions both provided written submissions in support of the interim orders with
their applications. Submissions were subsequently provided by Goodstart Early Learning
Limited, a large childcare employer, who did not oppose the Union’s applications for interim
orders. Community Connections Solutions Australia, an industry peak body, provided
submissions supporting the applications. The Australian Childcare Centres Association and
the Australian Childcare Alliance provided submissions opposing the interim orders, as did
Australian Business Industrial, New South Wales Business Chamber and the Australian
Federation of Employers and Industry. Reply submissions were subsequently filed by both the
Independent Education Union and United Voice.
[3] Having had regard to all of the submissions, I find that it is not appropriate in all of the
circumstances to make an interim order. If the unions are unsuccessful in their substantive
applications and employers are required to recover overpaid wages, doing so will inevitably
become an onerous ordeal and I find that the balance of convenience weighs against the
granting of interim orders.
[2014] FWC 4197
DECISION
E AUSTRALIA FairWork Commission
[2014] FWC 4197
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[4] The application is dismissed.
VICE PRESIDENT
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THE FAIR WORK A ISSION THE SEAA
