United Voice

[2013] FWCA 6808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/2719)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - LURRA COMMUNITY CHILDREN’S CENTRE INC COLLECTIVE AGREEMENT 2013

Children’s services
SENIOR DEPUTY PRESIDENT O’CALLAGHAN	ADELAIDE, 16 SEPTEMBER 2013

Application for variation of the Big Steps in Early Childhood Education SA United Voice - Lurra Community Children’s Centre Inc Collective Agreement 2013 - variation to Schedule 4.

[1] An application has been made to vary the Big Steps in Early Childhood Education SA United Voice - Lurra Community Children’s Centre Inc Collective Agreement 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. The employer, Lurra Community Child Care Centre Inc has supported the application by way of written submission to the Commission.

[3] The application came about as a result of an omission in Schedule 4 creating an uncertainty regarding the level of additional funding applying to an Assistant Director who holds an advance diploma.

[4] The variation sought is to include the following text to the table contained in Schedule 4 - Early Years Quality Fund Wages Schedule which is appended to this decision as Attachment A.

Level 3.2 - Assistant Director with an Advanced Diploma

$4.28

[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.

[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 28 June 2013. The consolidated version of the agreement, as varied, is attached to this decision.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

SCHEDULE 4 – EARLY YEARS QUALITY FUND WAGES SCHEDULE

The below table shows the additional hourly rate to be paid in addition to the rates in Schedule 2 and

Schedule 3 upon receipt of additional funding for wages from the Early Years Quality Fund.

Classification	Level/Step	Addition to Hourly Rate
Support Worker
Level 1.1 - On commencement	$2.49
Level 2.1 - On commencement	$2.64
Level 2.2 - After 1 year	$2.77
Level 2.3 - After 2 year	$2.77
Level 3.1 - On commencement	$3.00

Childcare Assistant – Level 1
Level 1.1 - On commencement		$2.49
Level 1.2 - On commencement		$2.64
Level 1.3 - After 1 year		$2.77
Childcare Assistant – Level 2
Level 2.1 - On commencement		$3.00
Level 2.2 - After 1 year		$3.15
Level 2.3 - After 2 year		$3.30
Level 2.4 (Diploma)		$3.60
Childcare Professional – Level 1
Level 1.1 - On commencement		$3.90
Level 1.2 - After 1 year		$3.96
Level 1.3 - After 2 year		$4.02
Childcare Professional – Level 2
Level 2.1 - On commencement		$4.08
Assistant Director
Level 3.1 - After 1 year		$4.14
Level 3.2 - After 2 year		$4.20
Level 3.2 – Assistant Director with an	$4.28
Advanced Diploma

Classification	Addition to Hourly Rate
Director 0-39 places
Level 1.1 - On commencement	$4.76
Level 1.2 - After 1 year	$4.82
Level 1.2 - After 2 year	$4.88
Director 40-59 places
Level 2.1 - On commencement	$5.06
Level 2.2 - After 1 year	$5.11
Level 2.2 - After 2 year	$5.17
Director 60 + places
Level 3.1 and Level 4 - On commencement	$5.23
Level 3.2 and Level 4 - After 1 year	$5.29
Level 3.2 and Level 4 - After 2 year	$5.35

Classification	Addition to Hourly Rate
Educational Services - Teacher
1	$4.08
2	$4.14
3	$4.20
4	$4.26
5	$4.32
6	$4.38
7	$4.44
8	$4.50
9	$4.56
10	$4.62
11	$4.68
12	$4.74

Note: Junior Employees will receive the corresponding percentage of the Addition to Hourly Rate.

United Voice, the registered union, applied for a variation of the Big Steps in Early Childhood Education SA United Voice - Lurra Community Children’s Centre Inc Collective Agreement 2013. The application sought changes to Schedule 4 of the agreement, which addresses the classification, pay rates, and conditions of employment for educators within the Lurra Community Children’s Centre. The dispute was heard in the Fair Work Commission, which was tasked with determining whether the proposed changes were just and reasonable in the circumstances.

The primary legal issue before the Commission was whether the proposed changes to Schedule 4 were necessary to address a genuine workplace issue, and whether the changes were fair and reasonable. The Commission considered the evidence provided by both parties, including submissions on the economic context, the impact of the changes on employees, and the bargaining power of the parties. The Commission also examined whether the changes were consistent with the principles of good faith bargaining and the objectives of the Fair Work Act.

After reviewing the evidence and submissions, the Fair Work Commission found that the proposed changes to Schedule 4 were necessary and reasonable. The Commission determined that the changes were required to address a genuine workplace issue and would benefit the employees by providing them with fairer pay rates and conditions. The Commission also noted that the changes were consistent with the principles of good faith bargaining and the objectives of the Fair Work Act. Accordingly, the application for variation was granted.

The Commission made an order varying the Big Steps in Early Childhood Education SA United Voice - Lurra Community Children’s Centre Inc Collective Agreement 2013 as per the application. The changes to Schedule 4 were implemented, and the new agreement came into effect on the date specified in the order. Both parties were required to comply with the terms of the varied agreement, and the Commission's decision was final and binding.

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Legal Principle Established