United Voice

[2013] FWCA 7207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8785)

MONASH COMMUNITY FAMILY CO-OPERATIVE LTD AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Monash Community Family Co-operative Ltd and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Monash Community Family Co-operative Ltd 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
...

The parties in this case were the Monash Community Family Co-operative Ltd, an employer, and United Voice, a trade union. The dispute centred on the application to vary the Monash Community Family Co-operative Ltd and United Voice Professional Childcare Standard 2013, which established the terms and conditions of employment for workers in the childcare sector. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issue was whether the proposed variations to the Standard would have a detrimental effect on the employees' terms and conditions of employment. The Fair Work Commission had to consider whether the changes were in the interests of the employees, and whether they would result in a loss of rights, benefits, or protections for the employees. The Commission also had to consider the potential impact of the changes on the employer, the union, and the broader childcare industry.

The Fair Work Commission found that the proposed variations to the Standard would have a detrimental effect on the employees' terms and conditions of employment. The Commission was particularly concerned about the potential impact on the employees' pay rates and entitlements, as well as the potential for increased casualisation of the workforce. The Commission also found that the proposed changes would not result in significant benefits for the employer or the broader industry. As a result, the application to vary the Standard was dismissed.

The Fair Work Commission's decision highlights the importance of considering the potential impact of changes to employment standards on employees' rights and protections. Employers and unions should carefully consider the potential consequences of proposed changes before seeking to vary existing standards. The decision also underscores the role of the Fair Work Commission in protecting the interests of employees in the workplace.

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