United Voice

[2013] FWCA 7201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8798)

PARK STREET CHILD CARE AND KINDERGARTEN CO-OPERATIVE LIMITED AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Park Street Child Care and Kindergarten Co-operative Limited and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Park Street Child Care and Kindergarten Co-operative Limited 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
...

The applicant, United Voice, sought a variation of the Park Street Child Care and Kindergarten Co-operative Limited and United Voice Professional Childcare Standard 2013. The dispute involved the interpretation and application of the standard in relation to employment terms and conditions within the childcare sector. The matter was heard by the Fair Work Commission, which holds jurisdiction over employment-related matters in Australia.

The primary legal issue before the Commission was the interpretation of certain clauses within the standard, specifically those pertaining to the classification of roles and the applicability of different pay rates. United Voice argued that the current standard did not adequately reflect changes in the industry and proposed amendments to better accommodate the evolving nature of work within childcare services. The Commission needed to determine whether the proposed variations were justified and whether they aligned with the objectives of the standard.

The Commission carefully examined the submissions from both parties and considered the broader context of the childcare industry. It concluded that the proposed variations were necessary to address contemporary employment practices and to ensure fair and equitable treatment of employees. The Commission found that the changes would not only benefit the employees but also contribute to the overall efficiency and sustainability of childcare services. Consequently, the Commission approved the variations to the standard, making them effective from a specified date.

As a result of the decision, the Park Street Child Care and Kindergarten Co-operative Limited and United Voice Professional Childcare Standard 2013 was amended to reflect the updated terms and conditions. The new standard now incorporates the changes that were found to be necessary to meet the needs of the industry and its workforce.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established