United Voice

[2013] FWCA 7211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8809)

EAST WEST CHILDCARE ASSOCIATION AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the East West Childcare Association and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the East West Childcare Association 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
...

In the case of United Voice, the applicant sought a variation of the East West Childcare Association and United Voice Professional Childcare Standard 2013. The application was brought before the Fair Work Commission, with the respondent being the East West Childcare Association. The dispute revolved around the terms and conditions of employment, specifically concerning the standard of professional childcare services, as well as the implications of the application on the existing industrial agreement.

The primary legal issues before the court were whether the proposed variations to the standard would ensure fair and reasonable terms for both employees and employers within the childcare sector. The court needed to consider the implications of the changes on the existing agreement and whether the variations aligned with the objectives of the Fair Work Act 2009. Additionally, the court had to evaluate if the application would result in a more efficient and equitable resolution to the employment disputes within the industry.

The Fair Work Commission, after considering the evidence and arguments presented by both parties, found that the proposed variations were necessary to address the changing needs of the childcare sector. The court concluded that the variations would lead to a more balanced agreement that would benefit both employers and employees. The changes were deemed to be in the best interest of the industry, ensuring that the professional childcare standard would continue to provide high-quality services while maintaining fair working conditions. As a result, the application for variation was approved, and the amended standard came into effect.

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