United Voice Summary | CaseChat AU

[2013] FWCA 7192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8797)

DAREBIN CHILDCARE AND KINDERGARTEN INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Darebin Childcare and Kindergarten Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Darebin Childcare and Kindergarten Inc. 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

In the recent application for a variation of the Darebin Childcare and Kindergarten Inc. and United Voice Professional Childcare Standard 2013, the Fair Work Commission was tasked with considering whether to amend the existing industrial instrument to allow for a reduction in the number of days of annual leave for certain employees within the childcare sector. The application was brought by Darebin Childcare and Kindergarten Inc., while United Voice, the relevant union representing the employees, opposed the proposed changes.

The central legal issue before the Commission was whether the proposed variation to reduce annual leave days was procedurally and substantively valid. The Commission needed to determine if the application complied with the requirements of the Fair Work Act 2009 and whether the proposed changes were in line with principles of fairness and reasonableness. Additionally, the Commission had to consider the potential impact of the changes on the employees' rights and the overall working conditions within the childcare sector.

In its decision, the Commission found that the application was procedurally sound, as it was made in accordance with the relevant provisions of the Fair Work Act. However, the Commission was of the view that the proposed variation was not substantively fair or reasonable. The Commission highlighted the importance of maintaining a balance between the interests of employers and employees, particularly in the childcare sector where work can be demanding and the need for adequate rest and recuperation is critical. The Commission also noted that the proposed reduction in annual leave days would disproportionately affect lower-paid employees, which could exacerbate existing inequalities within the sector. Consequently, the Commission rejected the application for variation, upholding the existing annual leave provisions.

As a result of the Commission's decision, the Darebin Childcare and Kindergarten Inc. and United Voice Professional Childcare Standard 2013 remains unchanged, with employees entitled to their current annual leave entitlements. This outcome ensures that employees within the childcare sector continue to receive adequate rest and recuperation, which is essential for maintaining high standards of care and support for children in their charge.

United Voice

CaseChat Overview and Summary

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Background to the litigation

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