The Essington School Darwin Ltd

[2014] FWCA 6151

[2014] FWCA 6151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

The Essington School Darwin Ltd
(AG2014/1511)

THE ESSINGTON SCHOOL DARWIN LIMITED (ABN 77082466904) ENTERPRISE BARGAINING AGREEMENT 2010

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 5 SEPTEMBER 2014

Application for variation of the Essington Schools Darwin Limited (ABN 77082466904) Enterprise Bargaining Agreement 2010.

[1] An application has been made to vary The Essington School Darwin Limited (ABN 77082466904) Enterprise Bargaining Agreement 2010 (the Agreement) to remove an ambiguity or uncertainty. The agreement is a single enterprise agreement and the application was made by The Essington School Darwin Limited pursuant to s.217 of the Fair Work Act 2009 (the Act).

[2] The Independent Education Union of Australia being the relevant employee organisation covered by the Agreement has supported the application both by way of written submission to the Commission and by appearance at the hearing of this application on 3 September 2014.

[3] The application came about as a result of an omission within clause 14.5 and unintentional errors contained within Tables 4, 5 and 6 of Appendix A of the Agreement giving rise to incorrect pay rates.

[4] The variations proposed are set out in Attachment B of the application which is appended to this decision.

[5] I am satisfied that each of the requirements of s.217 of the Act have been met. Further, I am satisfied that the variation as proposed will correct the relevant ambiguity or uncertainty in a manner that is consistent with the understanding of the parties as held at the time that the Agreement was made.

[6] Section 217 of the Act empowers the Fair Work Commission to specify the operative date for a variation as part of this decision. In the circumstances it is appropriate that the variation operates from the date of effect of the existing Agreement.

[7] Accordingly, the Agreement is hereby varied in accordance with Attachment B and the variation will operate on and from 7 February 2012. A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

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Attachment B

Clause 14.5 to have an amendment to include (e) below:

(e) An increase of 3% paid from the first full teaching pay period from February 2014.

Table 4 – Miscellaneous Workers – Permanent Rates:

Current Agreement	Varied Agreement
01/02/2014	01/02/2014
Trainee	$ 38,604.44	$ 38,423
Level 1	$ 40,449.79	$ 40,257
Level 2	$ 42,919.79	$ 42,716
Level 3	$45,241.73	$ 45,025
Level 4	$ 48,694.83	$ 48,464
Level 5	$ 51,055.24	$ 53,061
Level 6	$ 53,354.46	$ 53,102
Level 7	$ 55,665.06	$ 55,401

Table 5 – Childcare Workers – Permanent Rates:

Current Agreement	Varied Agreement
01/02/14	01/02/14
Childcare Worker Level 1	year 1	$ 27.56	$ 21.03
year 2	$ 28.30	$ 21.60
year 3	$ 29.07	$ 22.22
Childcare Worker Level 2	year 1	$ 29.20	$ 22.30
year 2	$ 29.85	$ 22.79
year 3	$ 30.68	$ 23.42
Childcare Worker Level 3	year 1	$ 33.23	$ 25.37
year 2	$ 33.74	$ 25.77
year 3	$ 34.43	$ 26.29

Childcare Worker Level 4	year 1	$ 36.91	$ 28.19
year 2	$ 37.46	$ 28.61
year 3	$ 38.19	$ 29.18
Childcare Worker Level 5	year 1	$ 37.28	$ 28.49
year 2	$ 38.05	$ 29.06
Director Level 1	year 1	$ 45.73	$ 34.92
year 2	$ 46.52	$ 35.54
year 3	$ 47.24	$ 36.08
Director Level 2	year 1	$ 49.44	$ 37.76
year 2	$ 50.22	$ 38.37
year 3	$50.93	$ 38.90

Table 6 – Canteen Workers – Permanent Rates to:

Current Agreement	Varied Agreement
01/02/14	01/02/14
Canteen Assistant	$ 30.14	$ 23.01
Canteen Manager	$ 32.53	$ 24.85