United Voice
[2013] FWCA 6617
•5 SEPTEMBER 2013
[2013] FWCA 6617 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty
United Voice
(AG2013/2607)
BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - GOOLWA CHILDREN'S CENTRE COLLECTIVE AGREEMENT 2013
Children's services | |
COMMISSIONER STEEL | ADELAIDE, 5 SEPTEMBER 2013 |
Application for variation of the Big Steps in Early Childhood Education SA United Voice - Goolwa Children's Centre Collective Agreement 2013.
[1] An application has been made to vary the Big Steps in Early Childhood Education SA United Voice - Goolwa Children's Centre 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, Goolwa Children's Centre Inc has supported the application by way of written submission to the Commission.
[3] The application came about as a result of an unintentional errors contained within Schedules 3 and 4 of the Agreement giving rise to incorrect pay rates.
[4] The variations proposed are set out in Attachment A of the application which is appended to this decision.
[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.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code J, AE401927 PR541324>
ATTACHMENT A
SCHEDULE 3 - WAGES
The following wage rates are the minimum rates payable under this Agreement, subject to clauses 1.8 and 2.3.
As per clauses 1.8 and 2.3 of this Agreement, an employee must not be paid below the Australian Pay and Classification Scale and/or the Children’s Services Award 2010.
S3.1 Classification minimum rate $ per week.
2012 | 2013 | 2014 | ||||
Classification | Weekly | Hourly | Weekly | Hourly | Weekly | Hourly |
Childcare Assistant - Level 1 | ||||||
Level 1.1 Perm | $659.51 | $17.36 | $689.19 | $18.14 | $720.20 | $18.96 |
Level 1.1 Casual | $811.20 | $21.35 | $854.60 | $22.49 | $900.25 | $23.70 |
Childcare Assistant - Level 2 | ||||||
Level 2.1 Perm | $684.87 | $18.02 | $715.69 | $18.83 | $747.90 | $19.68 |
Level 2.1 Casual | $842.39 | $22.16 | $887.46 | $23.35 | $934.88 | $24.60 |
Level 2.2 Perm | $708.52 | $18.65 | $740.40 | $19.48 | $773.72 | $20.36 |
Level 2.2 Casual | $871.48 | $22.94 | $918.10 | $24.16 | $967.15 | $25.45 |
Childcare Assistant - Level 3 | ||||||
Level 3.1 Perm | $750.65 | $19.75 | $784.43 | $20.64 | $819.73 | $21.57 |
Level 3.1 Casual | $923.30 | $24.29 | $972.69 | $25.59 | $1,024.66 | $26.96 |
Level 3.2 Perm | $776.45 | $20.43 | $811.39 | $21.35 | $847.90 | $22.31 |
Level 3.2 Casual | $955.03 | $25.13 | $1,006.12 | $26.47 | $1,059.88 | $27.89 |
Level 3.3 Perm | $800.95 | $21.08 | $836.99 | $22.03 | $874.66 | $23.02 |
Level 3.3 Casual | $985.17 | $25.93 | $1,037.87 | $27.32 | $1,093.33 | $28.78 |
Professional - Level 4 | ||||||
Level 4.1 Perm | $884.35 | $23.27 | $924.15 | $24.32 | $965.73 | $25.41 |
Level 4.1 Casual | $1,087.75 | $28.62 | $1,145.95 | $30.16 | $1,207.16 | $31.76 |
Level 4.2 Perm | $897.69 | $23.62 | $938.09 | $24.69 | $980.30 | $25.80 |
Level 4.2 Casual | $1,104.16 | $29.05 | $1,163.23 | $30.62 | $1,225.38 | $32.25 |
Level 4.3 Perm | $911.01 | $23.97 | $952.01 | $25.05 | $994.85 | $26.18 |
Level 4.3 Casual | $1,120.54 | $29.48 | $1,180.49 | $31.06 | $1,243.56 | $32.73 |
Assistant Director | ||||||
Level 5.1 | $924.76 | $24.34 | $966.37 | $25.43 | $1,009.86 | $26.58 |
Level 5.2 | $927.35 | $24.40 | $969.08 | $25.50 | $1,012.69 | $26.65 |
Level 5.3 | $947.13 | $24.92 | $989.75 | $26.05 | $1,034.29 | $27.22 |
Director 0 - 39 places | ||||||
Level 6.1 | $1,066.21 | $28.06 | $1,114.19 | $29.32 | $1,164.33 | $30.64 |
Level 6.2 | $1,079.12 | $28.40 | $1,127.68 | $29.68 | $1,178.43 | $31.01 |
Level 6.3 | $1,092.87 | $28.76 | $1,142.05 | $30.05 | $1,193.44 | $31.41 |
Director 40 - 59 | ||||||
Level 6.4 | $1,133.71 | $29.83 | $1,184.73 | $31.18 | $1,238.04 | $32.58 |
Level 6.5 | $1,144.03 | $30.11 | $1,195.51 | $31.46 | $1,249.31 | $32.88 |
Level 6.6 | $1,157.78 | $30.47 | $1,209.88 | $31.84 | $1,264.32 | $33.27 |
Qualification Allowance | 48.71 | n/a | 50.66 | n/a | 52.68 | n/a |
S3.2 Casual loading
Casual employees will be paid in addition to the hourly rate pursuant to clause 5.2, the following loading on each hour worked:
1 July 2012 23%
1 July 2013 24%
1 July 2014 25%
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 Advanced Diploma | $4.28 | |
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.
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