United Voice

[2013] FWCA 7186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8803)

FRIENDSHIP SQUARE CHILDCARE CENTRE ASSOCIATION INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Friendship Square Childcare Centre Association Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Friendship Square Childcare Centre Association 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 23 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 case of the Friendship Square Childcare Centre Association Inc. against United Voice Professional involved an application for the variation of the 2013 Standard. This was heard by the Fair Work Commission, with the applicant seeking changes to the agreement that governs the employment terms and conditions of its workers. The applicant, Friendship Square Childcare Centre Association Inc., argued that certain clauses in the Standard were outdated and no longer reflected the realities of its operations. United Voice Professional, representing the workers, opposed the application, contending that the proposed changes would adversely affect the employees' rights and conditions.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009, specifically in relation to the process for varying an existing enterprise agreement. The applicant needed to demonstrate that there were valid reasons to amend the Standard, while United Voice Professional had to show that the proposed changes did not meet the statutory criteria for variation. The court had to consider whether the application met the threshold for a good faith belief that the agreement should be varied, and whether the changes proposed would be beneficial to the parties involved.

The Fair Work Commission examined the application thoroughly, assessing the arguments from both parties. It found that the applicant had provided sufficient evidence to demonstrate that the Standard needed updating to reflect current industry practices and the specific needs of the childcare centre. The Commission concluded that the proposed changes were in the best interests of both the employer and the employees. Consequently, the application for variation was approved, and the new terms and conditions were to be incorporated into the existing agreement.

The final orders of the Commission mandated that the changes to the Standard be implemented, with specific details regarding the new terms and conditions. The decision was made in favour of the applicant, acknowledging the need for an updated agreement that would better serve the interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established