United Voice

[2013] FWCA 7183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8806)

ELWOOD CHILDREN’S CENTRE INCORPORATED AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Elwood Children’s Centre Incorporated and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Elwood Children’s Centre Incorporated 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 27 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
...

The parties involved in this case are the Elwood Children’s Centre Incorporated and United Voice, a trade union. The dispute pertains to a request by the union to modify the terms of the Professional Childcare Standard 2013, which governs the employment conditions of childcare workers at the Elwood Children’s Centre. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues before the court centred on the appropriate criteria for varying a workplace agreement and the process to be followed in such a case. Specifically, the court had to determine whether the union had demonstrated sufficient grounds to warrant a change to the existing agreement, and if the proposed changes were consistent with relevant legislative requirements. The court also needed to consider whether the application process had been followed correctly and whether the proposed changes would be in the best interests of the employees.

The Fair Work Commission carefully examined the evidence and submissions from both parties. The commission found that the union had not provided adequate justification for the proposed changes, and that the application process had not been strictly adhered to. Consequently, the application for variation was dismissed. The commission emphasised that any changes to workplace agreements should be grounded in sound evidence and follow the correct legal procedures. The tribunal also highlighted the importance of balancing the interests of all stakeholders involved.

As a result of the court’s decision, the Elwood Children’s Centre Incorporated and United Voice Professional Childcare Standard 2013 remains unchanged. The union's application for variation was rejected, and the existing agreement continues to govern the employment conditions of childcare workers at the Elwood Children’s Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established