United Voice

[2013] FWCA 7375

[2013] FWCA 7375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8646)

MAGANI MALU KES TOWNSVILLE LTD AND UNITED VOICE “BIG STEPS” ENTERPRISE AGREEMENT 2013 - 2015

Educational services
VICE PRESIDENT CATANZARITI	BRISBANE, 25 SEPTEMBER 2013

Application for variation of the Magani Malu Kes Townsville Ltd and United Voice “Big Steps” Enterprise Agreement 2013-2015.

[1] An application has been made to vary the Magani Malu Kes Townsville Ltd and United Voice “Big Steps” Enterprise Agreement 2013-2015 (the Agreement) to remove an ambiguity or uncertainty. The agreement is a single enterprise agreement and the application was made by United Voice pursuant to s.217 of the Fair Work Act 2009 (the Act).

[2] United Voice is covered by the Agreement and was initially the applicant to approve the agreement at first instance. The employer, Magani Malu Kes Townsville Ltd has supported the application by way of written submission to the Commission.

[3] The application came about as a result of an unintentional error contained within Schedule B of the Agreement giving rise to a single missing pay rate.

[4] The variations proposed are set out in Attachment A 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 A and the variation will operate on and from 16 July 2013.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE402233  PR542401>

ATTACHMENT A

SCHEDULE B - EARLY YEARS QUALITY FUND WAGES SCHEDULE

B.1 The Event is defined as government funding (the Early Years Quality Fund or its successor) directed at the Employer which is provided to fund the wage increases provided in this schedule.

B.2 The Event occurs once the Employer is approved to call on the Early Years Quality

Fund and the funding agreement commences.

B.3 From the first full pay period following the occurrence of the Event, the employees' ordinary rate of pay shall be calculated as follows:

(a) the amounts specified in clause 14 for the applicable classification including any all-purpose allowances; and

(b) the amounts specified in this schedule for the applicable classification.

B.4 The ordinary rate of pay referred to in clause B.3, shall be the ordinary rate of pay for all purposes under this Agreement.

B.5 For the purposes of clause B.3 (a), if immediately prior to the approval of this agreement an employee was receiving a rate of pay that was in advance of the applicable minimum wage rate, irrespective of the source of that entitlement, the rate for the purposes of clause B.3 (a) shall be the amounts specified in clause 14 of this Agreement for the applicable classification including any all-purpose allowances, plus an amount proportionate to any previous over award payment.

B.6 If the funding referred to in B.1 and B.2 ceases, the rates in this schedule will not apply.

B.7 If, after the Event occurs, the funding agreement is altered and new funding arrangements are insufficient to meet the wages in this schedule, the minimum wage rate payable will be a rate, as agreed between the bargaining representatives, which is sufficiently funded. Where the bargaining representatives cannot agree on the minimum wage rate payable under this clause, the Dispute Resolution Procedure in this Agreement applies.

Classification	Level/Step	Addition to Hourly Rate
Support Worker
1.1	$2.49
2.1	$2.64
2.2	$2.77
3.1	$3.00
Children's Services Employee
1.1	$2.49
2.1	$2.64
2.2	$2.77
Certificate III	3.1	$3.00
3.2	$3.15
3.3	$3.30
Diploma	3.4	$3.60
4A.1	$3.20
4A.2	$3.25
4A.3	$3.29
4A.4	$3.34
4A.5	$3.38
Diploma (supervisor)	4.1	$3.90
4.2	$3.96
4.3	$4.02
5A.1	$4.08
5A.2	$4.14
5A.3	$4.20
Group Leader	5.1	$4.08
5.2	$4.14
5.3	$4.20
5.4*	$4.28
6A.1	$4.76
6A.2	$4.82
6A.3	$4.88
Children's Services Employee - Director
Director A (to 39 places)	6.1	$4.76
6.2	$4.82
6.3	$4.88
Director B (40-59 places)	6.4	$5.06
6.5	$5.11
6.6	$5.17
Director C (60 + places)	6.7	$5.23
6.8	$5.29
6.9	$5.35
Educational Services - Teacher
1	$4.08
2	$4.14
3	$4.20
4	$4.26
5	$4.32
6	$4.38
7	$4.44
8	$4.50
9	$4.56
10	$4.62
11	$4.68
12	$4.74

*An Assistant Director who holds an Advanced Diploma (AQF6/3 year qualified) must be paid no less than Level 5.4.

B.8 For the purposes of clause B.3 (b) junior employees and employees employed on the

Supported Wage System, will only receive a percentage of the Addition to Hourly

Rate set out in the table above which is commensurate with the applicable percentage set out in either the junior employees or the Supported Wage System provisions in this Agreement.

B.9 Any reference in this Agreement to the "standard rate" shall be taken to be a reference to the standard rate as defined in the relevant award plus the pro rata Addition to Hourly Rate amount for the relevant classification from column 3 of the table contained in this schedule.

B.10 For the purposes of clause B.3 (b), Employees employed pursuant to a traineeship will receive half of the Addition to Hourly Rate at Level 3.1.