United Voice

[2013] FWCA 7153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8816)

SWINBURNE PRAHRAN COMMUNITY CHILDREN’S CENTRE CO-OPERATIVE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
VICE PRESIDENT CATANZARITI	BRISBANE, 19 SEPTEMBER 2013

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

[1] An application has been made to vary the Swinburne Prahran Community Children’s Centre 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

ATTACHMANT 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
...

In the matter of an application for a variation of the Swinburne Prahran Community Children’s Centre Co-operative and United Voice Professional Childcare Standard 2013, the applicant, United Voice, sought to have the Fair Work Commission vary the award to provide for a change in the method of calculating shift penalties. The respondent, Swinburne Prahran Community Children’s Centre Co-operative, opposed the application. The Fair Work Commission was the court responsible for hearing the matter.

The primary legal issue before the Commission was whether the proposed variation to the method of calculating shift penalties was consistent with the relevant legislative framework and whether the variation would achieve its intended purpose of providing fairness to both employees and employers. The Commission also needed to consider whether the variation would have any detrimental effects on the employees or the operation of the childcare centre.

In determining the application, the Commission examined the existing award and the proposed variation in detail. The Commission found that the proposed variation was consistent with the legislative framework and would provide a more equitable method of calculating shift penalties. The Commission also concluded that the variation would not have any detrimental effects on the employees or the operation of the childcare centre. As such, the Commission accepted the application and varied the award to reflect the proposed change. The Commission's decision was based on its consideration of the relevant legislative provisions, the submissions of both parties, and the evidence presented.

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