United Voice

[2013] FWCA 7141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8811)

CHURCH ST CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Church St Children’s Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Church St 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.

[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 22 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 applicants, the Church St Children’s Centre and United Voice, applied for a variation of the Professional Childcare Standard 2013. The dispute was heard by the Fair Work Commission. The main legal issue was whether the proposed changes to the Standard, which would affect the terms and conditions of employment for employees, were procedurally and substantively fair and reasonable.

The Commission considered the submissions from both parties and the relevant legislation. The applicants argued that the changes were necessary to address changes in the childcare industry and to ensure the financial viability of the centre. The respondents, who represented the employees, argued that the changes would result in a significant reduction in wages and conditions. The Commission found that the proposed changes were procedurally fair as they had been negotiated in good faith and the applicants had provided sufficient information to the respondents. The Commission also found that the changes were substantively fair and reasonable as they were necessary to ensure the financial viability of the centre and would not have an adverse effect on the employees’ wages and conditions.

The Commission granted the application for the variation of the Standard. The new terms and conditions of employment will come into effect from the first day of the fourth month after the registration of the order. The respondents were given the right to apply for a review of the decision within 28 days of the date of the decision.

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