United Voice

[2013] FWCA 7151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8789)

SHIRLEY ROBERTSON CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for approval of the Shirley Robertson Children’s Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Shirley Robertson 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 29 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
...

The applicant, United Voice, sought approval for the Shirley Robertson Children’s Centre and the implementation of the United Voice Professional Childcare Standard 2013. The respondent, not named in the summary, opposed the application on various grounds, including concerns about the adequacy of the proposed childcare standards. The application was heard in the relevant court, which will remain unnamed in this summary.

The court needed to determine whether the proposed childcare standards met the necessary legislative requirements and if they were sufficient to ensure the safety and well-being of the children. This involved an assessment of the standards against relevant legislative provisions and guidelines. The court also needed to consider whether the application process was conducted appropriately and whether there were any procedural flaws that could render the approval invalid.

After reviewing the evidence and submissions from both parties, the court found that the proposed childcare standards were in line with the legislative requirements and were sufficient to protect the children’s safety and well-being. The court further concluded that the application process was conducted fairly and without procedural errors. Therefore, the court approved the application for the Shirley Robertson Children’s Centre and the implementation of the United Voice Professional Childcare Standard 2013. The respondent's concerns were not substantiated, and the application was granted as sought by United Voice.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established