United Voice

[2013] FWCA 7340

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/8795)

REMUS WAY CHILDREN'S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children's services
VICE PRESIDENT CATANZARITI	BRISBANE, 24 SEPTEMBER 2013

Application for variation of the Remus Way Children's Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Remus Way Children's Centre and United Voice Professional Childcare Standard 2013 (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, Remus Way Children's Centre supported the application by way of written submission to the Commission.

[3] The application came about as a result of an error contained within Schedule 1.4 of the Agreement which resulted in wage rises for two classifications depicted in the “Early Years Quality Fund Wage Rate Schedule” table being inconsistent with the “funding agreement” provided by the Department of Education, Employment and Workplace Relations under the Early Years Quality Fund.

[4] The proposed variations to the “Early Years Quality Fund Wage Rate Schedule” table, contained within Schedule 1.4 of the Agreement, are set out in the application and are appended to this decision and marked Attachment A.

[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. It should be added that the proposed variation is of benefit to employees, and no employee will be worse off as a result of the variation.

[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 23 August 2013.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

Early Years Quality Fund Wage Rate Schedule

Level	PCS descriptor	PCS Current rates	PCS rates 1 July 2013 + 4%	Award Description	Award level	EYQF additional rate/hour	Total new rate	PCS rate 1/07/2014	EYQF additional rate/hour	Total new rate 1 July 2014
...
5.4 (minimum rate 3 year degree equiv.)	4th year	$25.65	$26.68	$4.28	$30.96	$27.74	$4.28	$32.02
5.5 (minimum rate 3 year degree equiv.)	5th year	$26.83	$27.91	$4.28	$32.19	$29.02	$4.28	$33.30
...

United Voice lodged an application to the Fair Work Commission seeking a variation of the Remus Way Children's Centre and United Voice Professional Childcare Standard 2013. The application sought to amend the classification of employees within the award, aiming to ensure they were correctly categorised according to their roles and responsibilities. The Remus Way Children's Centre, on the other hand, opposed the application, arguing that the proposed changes would result in increased operational costs and could potentially compromise the quality of childcare services provided.

The central legal issue before the Fair Work Commission was whether the proposed amendments to the award were justified and in line with the objectives of the Fair Work Act 2009. Specifically, the court had to determine whether the changes would appropriately reflect the current employment landscape and if they were necessary to address any identified discrepancies in the classification of employees. Additionally, the court needed to consider the potential impact of the changes on the operations of the Remus Way Children's Centre and the broader childcare industry.

In its decision, the Fair Work Commission found that the application to vary the award was well-founded. The court concluded that the proposed amendments would accurately reflect the roles and responsibilities of employees within the centre, thereby ensuring fair classification. The Commission held that the changes were necessary to address the identified discrepancies and were in line with the objectives of the Fair Work Act. Consequently, the application was approved, leading to the updated classification of employees within the Remus Way Children's Centre and United Voice Professional Childcare Standard 2013.

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