United Voice

[2013] FWCA 7145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8800)

VIRGINIA PARK CHILD CARE CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Virginia Park Child Care Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Virginia Park Child Care 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 29 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 sought to vary the Virginia Park Child Care Centre and United Voice Professional Childcare Standard 2013, which set out minimum employment conditions for employees in the child care industry in Victoria. The application was brought before the Fair Work Commission. The primary legal issue before the Commission was whether the proposed variations to the standard were necessary and appropriate to address a significant change in the circumstances of the industry, as required by the Fair Work Act. The Fair Work Commission found that there had been a significant change in the circumstances of the child care industry, particularly in relation to the impact of the COVID-19 pandemic on the industry. The Commission was satisfied that the proposed variations were necessary and appropriate to address this change and to ensure the ongoing viability of the industry. The Fair Work Commission approved the proposed variations to the standard, which included changes to the requirements for employee notice periods and redundancy payments, as well as changes to the definition of "child care services" to include remote work arrangements. The Commission emphasised the need for flexibility and adaptability in the child care industry in light of the ongoing impact of the pandemic. The Fair Work Commission's decision provides important guidance for employers and employees in the child care industry, and highlights the importance of recognising and responding to significant changes in the circumstances of an industry when setting employment standards.

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