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[2013] FWCA 7202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8823)

CLIFTON CHILD CARE CO-OPERATIVE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

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

Application for variation of the Clifton Child Care Co-operative and United Voice Professional Childcare Standard 2013.

[1] An application has been made to vary the Clifton Child Care Co-operative 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
...

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application by the Clifton Child Care Co-operative for a variation of the Professional Childcare Standard 2013, which was opposed by United Voice. The Clifton Child Care Co-operative sought changes to the employment conditions for educators and family day care workers, including alterations to penalty rates and conditions around meal breaks. United Voice contested the application, arguing that the proposed changes would adversely affect the employees' entitlements and working conditions.

The central legal issue for the FWC to address was whether the proposed variations to the Professional Childcare Standard 2013 were justifiable under the relevant legislative framework. Specifically, the FWC needed to determine if the changes aligned with the objectives of the Fair Work Act 2009 and if they were necessary to address the particular circumstances of the Clifton Child Care Co-operative. The FWC also had to consider whether the variations would maintain or improve the overall conditions for the employees involved.

In its decision, the FWC acknowledged the unique circumstances of the Clifton Child Care Co-operative, recognising the need for flexibility in employment conditions to accommodate the specific operational requirements of family day care services. The FWC found that the proposed variations were justified and necessary to address the particular needs of the co-operative. The Commission emphasised the importance of maintaining a balance between the interests of employers and employees, and concluded that the changes would not result in a detriment to the employees' conditions. Consequently, the application for variation was approved, allowing the Clifton Child Care Co-operative to implement the proposed changes to the Professional Childcare Standard 2013.

The FWC's final orders included the approval of the variations to the Professional Childcare Standard 2013, permitting the Clifton Child Care Co-operative to adjust the penalty rates and meal break conditions as proposed. The decision underscored the importance of considering the unique operational context of family day care services while ensuring that any changes to employment conditions are fair and reasonable for both employers and employees.

United Voice

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