United Voice Summary | CaseChat AU

[2013] FWCA 7149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8807)

MONASH CHILDREN’S CENTRE CLAYTON CO-OPERATIVE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Monash Children’s Centre Clayton Co-operative and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Monash Children’s Centre Clayton Co-operative 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 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

The applicants, United Voice, sought a variation of the Monash Children’s Centre Clayton Co-operative and United Voice Professional Childcare Standard 2013 in the Fair Work Commission. United Voice is an industrial organisation representing employees in the childcare sector. The application was made in response to the Centre’s request for changes to the award, specifically regarding the classification and remuneration of employees. The Commission was required to determine whether the proposed changes were appropriate and aligned with the objectives of the Fair Work Act 2009.

The central legal issue was whether the proposed variations to the award were in line with the principles of the Fair Work Act, particularly in terms of maintaining fairness and protecting employees' rights. The Commission considered the impact of the proposed changes on employees, the nature of the work performed, and whether the changes would achieve a more efficient and fair workplace environment. The Commission also examined the parties' submissions and any relevant precedents or awards.

The Fair Work Commission found that the proposed changes to the award were appropriate. The changes included adjustments to job classifications, pay rates, and conditions, which were deemed necessary to reflect changes in the industry and ensure fair remuneration for employees. The Commission concluded that the variations would promote fairness and efficiency within the workplace, while also protecting the rights of employees. The decision was based on a comprehensive analysis of the evidence presented, and the Commission was satisfied that the changes would not negatively impact the employees' rights or working conditions.

The Fair Work Commission approved the variations to the Monash Children’s Centre Clayton Co-operative and United Voice Professional Childcare Standard 2013, as sought by United Voice. The approved variations included changes to job classifications, pay rates, and conditions, which were considered necessary to ensure fairness and efficiency in the workplace. The decision reflects the Commission’s commitment to balancing the interests of employers and employees, while upholding the principles of the Fair Work Act.

United Voice

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