United Voice

[2013] FWCA 7160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8794)

CLIFTON STREET CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

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

[1] An application has been made to vary the Clifton Street 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
...

CaseChat Overview and Summary

The applicants, United Voice, sought to have the Clifton Street Children's Centre and United Voice Professional Childcare Standard 2013 varied to include a provision for a 50% employer contribution to superannuation for employees who have not previously been members of a superannuation fund. The respondents were the Clifton Street Children's Centre, the Australian Childcare Alliance, and the Australian Education Union. The application was brought before the Fair Work Commission, which had jurisdiction under section 233 of the Fair Work Act 2009. The central issue for the Commission was whether the proposed variation would be in the interests of the employees of the Clifton Street Children's Centre, as required by section 234(1)(a) of the Act.

The Commission considered the evidence presented by both sides and concluded that the proposed variation would be in the interests of the employees. The evidence showed that the proposed variation would provide a significant benefit to employees who had not previously been members of a superannuation fund, and who would otherwise be excluded from the employer's superannuation contributions. The Commission noted that the proposed variation was consistent with the general trend towards increased employer contributions to superannuation, and that it would provide a valuable benefit to employees who would otherwise be excluded from such contributions. The Commission also noted that the proposed variation would not have any significant negative impact on the respondents, and that it would not undermine the operation of the standard award.

Having found that the proposed variation would be in the interests of the employees, the Commission proceeded to consider whether it was appropriate to make the variation. The Commission noted that the proposed variation was narrowly tailored to achieve its objectives, and that it would not have any significant negative impact on the respondents. The Commission also noted that the proposed variation was consistent with the objectives of the Fair Work Act, which include promoting high levels of employment and protecting employees' rights and interests. The Commission concluded that it was appropriate to make the variation, and did so by ordering that the Clifton Street Children's Centre and United Voice Professional Childcare Standard 2013 be varied to include a provision for a 50% employer contribution to superannuation for employees who have not previously been members of a superannuation fund.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established