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[2013] FWCA 7199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

United Voice
(AG2013/8786)

RALEIGH ST CHILD CARE INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Raleigh St Child Care Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Raleigh St Child Care 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 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 parties involved in this matter were Raleigh St Child Care Inc. and United Voice, the latter being a union representing the employees of the former. The dispute arose from the need to vary the existing professional childcare standard, specifically the Raleigh St Child Care Inc. and United Voice Professional Childcare Standard 2013. This application was brought before the Fair Work Commission. The central issue the Commission had to address was whether the proposed variations to the Standard were necessary and appropriate, taking into account the changing landscape of the childcare industry and the interests of both employers and employees.

The Fair Work Commission undertook a detailed analysis of the evidence presented by both parties, focusing on the practicalities and implications of the proposed changes. It considered the necessity of the variations to reflect the current demands of the childcare sector, the impact on operational efficiency and the wellbeing of employees. The Commission also weighed the potential benefits of the proposed changes against any possible drawbacks, ensuring that the variations would not disproportionately affect either party. After careful deliberation, the Commission determined that the proposed variations were indeed necessary and appropriate.

In its decision, the Commission granted the application for variation, allowing the changes to the Standard to proceed. This decision was based on the evidence that the variations would better support the operational needs of the childcare centre while also ensuring fair treatment and conditions for employees. The Commission’s ruling was made with the understanding that these changes would help adapt to the evolving requirements of the childcare industry, ultimately benefiting both the organisation and its workforce. The final orders reflect the Commission’s approval of the proposed variations, which will now be incorporated into the existing Standard.

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