Happy Valley Community Children's Centre Inc

[2014] FWCA 4319

[2014] FWCA 4319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Happy Valley Community Children's Centre Inc
(AG2014/1476)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - HAPPY VALLEY COMMUNITY CHILD CARE CENTRE COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 30 JUNE 2014

Application to vary the Big Steps in Early Childhood Education SA United Voice - Happy Valley Community Child Care Centre Collective Agreement 2013.

[1] An application has been made for approval of a variation of the Big Steps in Early Childhood Education SA United Voice - Happy Valley Community Child Care Centre Collective Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the Happy Valley Community Children’s Centre Incorporated. A list of proposed changes provided by the parties is attached to this Decision as Attachment A.

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

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date on which the variation was approved by the employees, being 6 June 2014.

COMMISSIONER

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ATTACHMENT A

Delete the following wording from Schedule 3 - Wages:

The rates in this table are increased on July 1 each year in line with the Annual Wage Review during the period within which the Enterprise Agreement is in operation.

Insert the following wording to Schedule 3 - Wages:

The wage rates below increased by 2.6% effective the first full pay period following 1 July 2013. The parties had agreed that these rates would increase in line with the Annual Wage Review in July 2014.

However, due to changes in the Centre’s financial situation, the employer is unable to pass on a previously scheduled wage rise effective 1 July 2014.

The Employer proposes that the parties to this Agreement (the Employer, the Employees and the Union) meet in the second week in December 2014 to negotiate a potential wage rise that is sustainable in the existing financial situation. The Parties undertake to conduct those negotiations in good faith, and the Employer will provide up to date financial information to the Employees at that meeting, including any increases in centre income and strategies for debt reduction.

Any wage rise negotiated will become effective in the first pay period following 1 January 2015.