United Voice

[2013] FWCA 7203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8815)

JOHN ST CHILDHOOD CO-OPERATIVE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the John St Childhood Co-operative and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the John St Childhood 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 22 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

United Voice, the applicant, sought a variation of the John St Childhood Co-operative and United Voice Professional Childcare Standard 2013. The application was made to the Fair Work Commission, which was required to determine whether the proposed changes were appropriate and necessary. The respondents to the application were the John St Childhood Co-operative, the registered employer association, and United Voice, the registered trade union. The primary dispute centred on the terms and conditions of employment within the childcare sector, specifically addressing changes to the pay rates, conditions, and classifications of employees within the co-operative.

The legal issues before the Commission involved interpreting the Fair Work Act 2009, particularly sections related to the modification of enterprise agreements. The Commission had to consider whether the proposed changes aligned with the principles of the Fair Work Act, ensuring that they were in the best interests of the employees and did not contravene any statutory provisions. Furthermore, the Commission needed to assess whether the application process was followed correctly and whether the proposed changes provided a fair and equitable outcome for all parties involved.

In delivering its decision, the Fair Work Commission examined the evidence presented by both the applicant and the respondents. The Commission considered the economic context, the need for updated terms and conditions to reflect industry standards, and the impact of the proposed changes on the workforce. After careful deliberation, the Commission found that the application met the necessary criteria and that the proposed changes were appropriate and necessary. The Commission approved the variation, emphasising the importance of maintaining fair and equitable terms for employees in the childcare sector.

The Commission's final orders included the approval of the variation to the John St Childhood Co-operative and United Voice Professional Childcare Standard 2013, effective from the date specified in the application. The new terms and conditions were to be implemented in accordance with the provisions set out in the approved variation. This decision ensures that the employees of the John St Childhood Co-operative will benefit from updated and fair employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established