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[2013] FWCA 7147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8801)

RICHMOND CRECHE AND KINDERGARTEN INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 23 SEPTEMBER 2013

Application for variation of the Richmond Creche and Kindergarten Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Richmond Creche and Kindergarten Inc. 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.

[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
...

The matter involved Richmond Creche and Kindergarten Inc. and United Voice, a union representing employees within the childcare sector. The dispute centred on the application for the variation of the existing standard governing professional childcare. The application was heard in the Fair Work Commission of Australia.

The primary legal issue for the Commission to address was whether the proposed changes to the Standard would provide adequate protection for employees' rights and entitlements while also ensuring the financial sustainability of the Creche. This involved a delicate balance between the interests of the employer and the employees, and the Commission had to consider the implications of any changes on both parties.

The Commission thoroughly examined the evidence and submissions from both parties. It found that the proposed changes would not only protect the employees' rights and entitlements but also contribute to the financial sustainability of the Creche. The changes were considered reasonable and necessary in light of the current economic climate and the unique challenges faced by the childcare industry. Consequently, the Commission approved the variation of the Standard.

The final orders of the Commission included the implementation of the revised Standard, which incorporated the changes agreed upon by both parties. The Commission also directed the parties to engage in good faith negotiations to address any further issues that may arise in the future. The decision underscored the importance of balancing the interests of employers and employees while ensuring the long-term viability of businesses within the childcare sector.

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