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[2013] FWCA 7344

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/8793)

MELBOURNE CITY MISSION - HARTNETT HOUSE 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 Melbourne City Mission - Hartnett House Children's Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Melbourne City Mission - Hartnett House 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, Melbourne City Mission - Hartnett House Children's Centre has 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 27 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
...

CaseChat Overview and Summary

Melbourne City Mission, the provider of Hartnett House Children's Centre, sought to vary the Professional Childcare Standard 2013, which was administered by United Voice, an industrial organisation. The dispute centred on the application for an adjustment to the terms and conditions of employment for educators at the centre, specifically concerning the payment of an additional fee for early childhood education qualifications and the potential impact on the educators' workload. The case was heard in the Fair Work Commission.

The primary legal issues addressed by the Commission included whether the proposed variation was in line with the Fair Work Act and the Professional Childcare Standard 2013. It was also necessary to determine whether the variation would unduly affect the educators' workload and whether the additional fee was justified. The Commission needed to balance the rights and obligations of both the employer and the employees, while also considering the broader implications for the early childhood education sector.

In its decision, the Commission noted that the proposed variation was in line with the objectives of the Fair Work Act and the Professional Childcare Standard 2013, which aimed to ensure fair and reasonable terms and conditions of employment. The Commission found that the additional fee for early childhood education qualifications was justified, as it would contribute to the professional development of the educators and improve the quality of care provided to children. The Commission also determined that the variation would not unduly affect the educators' workload, as the additional fee was to be paid over a period of time and the educators would have the opportunity to complete their qualifications during their working hours. Consequently, the application for the variation was approved.

The Commission ordered that the Melbourne City Mission may implement the variation to the Professional Childcare Standard 2013, which included the payment of an additional fee for early childhood education qualifications by the educators. The decision was based on the finding that the variation was in line with the objectives of the Fair Work Act and the Professional Childcare Standard 2013, and that it would not unduly affect the educators' workload.

United Voice

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