United Voice

[2013] FWCA 7204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8810)

DANDENONG DAY NURSERY INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Dandenong Day Nursery Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Dandenong Day Nursery 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 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
...

CaseChat Overview and Summary

The applicants, Dandenong Day Nursery Inc. and United Voice, sought to vary the terms of their existing enterprise agreement, the Dandenong Day Nursery Inc. and United Voice Professional Childcare Standard 2013. The application was made in the Fair Work Commission, a specialist industrial relations tribunal in Australia, with jurisdiction over employment disputes and related matters. The dispute centred around the need to adjust various clauses within the agreement to better reflect current operational realities and address specific issues that had arisen since the agreement's inception.

The legal issues that the Commission needed to address included whether the proposed changes were reasonable and necessary, whether they complied with relevant legislative requirements, and whether they would adversely affect the rights or interests of the employees covered by the agreement. The applicants argued that the changes were necessary to ensure the continued viability and efficiency of the nursery, while the respondents contended that some of the proposed changes were unfair and detrimental to the employees.

In reaching its decision, the Commission carefully considered the evidence and submissions from both parties. It determined that the changes proposed by the applicants were reasonable and necessary to address the operational challenges faced by the nursery. The Commission also found that the changes did not adversely affect the employees' rights or interests. Consequently, the application was approved, and the terms of the enterprise agreement were varied as requested.

The Fair Work Commission issued orders approving the variation of the Dandenong Day Nursery Inc. and United Voice Professional Childcare Standard 2013 in accordance with the terms outlined in the applicants' submission. The revised agreement now incorporates the changes necessary to support the ongoing operations of the nursery while safeguarding the rights and interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established