United Voice

[2013] FWCA 7167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8781)

NARA COMMUNITY EARLY LEARNING CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Nara Community Early Learning Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Nara Community Early Learning 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 2 September 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 to vary the Nara Community Early Learning Centre and United Voice Professional Childcare Standard 2013, which established the terms and conditions for employees working in the early learning sector. The application was brought before the Fair Work Commission (FWC). The dispute centred around the provisions of the standard concerning the classification of roles within the early learning centres, particularly focusing on the role of Centre Managers.

The FWC was required to determine whether the proposed variations were consistent with the Fair Work Act 2009 and whether they represented an improvement in the terms and conditions of employment for the affected workers. The key legal issues included the interpretation of the existing standard, the implications of the proposed changes, and the balance between the rights of employers and employees under the Act.

The FWC considered the submissions from both parties and the broader context of the early learning sector. It found that the proposed variations aligned with the objectives of the Fair Work Act, particularly in enhancing the classification of roles and ensuring fair treatment of employees. The FWC concluded that the changes were necessary to reflect the evolving nature of the early learning sector and the responsibilities of Centre Managers. As a result, the FWC approved the variations, emphasising the importance of maintaining a fair and equitable workplace for both employers and employees.

The FWC issued a determination approving the variations to the Nara Community Early Learning Centre and United Voice Professional Childcare Standard 2013, effective from the date of the decision. The new standard now includes updated classifications for Centre Managers and other roles, reflecting the current expectations and responsibilities within the early learning sector.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established