[2013] FWCA 6562 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty
United Voice
(AG2013/2567)
BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - LEFEVRE CHILD CARE CENTRE COLLECTIVE AGREEMENT 2013
Children's services | |
COMMISSIONER STEEL | ADELAIDE, 4 SEPTEMBER 2013 |
Application for variation of the Big Steps in Early Childhood Education SA United Voice - LeFevre Child Care Centre Collective Agreement 2013.
[1] An application has been made to vary the Big Steps in Early Childhood Education SA United Voice - LeFevre Child Care 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, LeFevre Community Children’s Centre has supported the application by way of written submission to the Commission.
[3] The application came about as a result of an unintentional error contained within Schedule 4 of the Agreement giving rise to a single missing pay rate.
[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 12 June 2013. The consolidated version of the agreement, as varied, is attached to this decision.
COMMISSIONER
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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 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.
- AGLC
- United Voice [2013] FWCA 6562
- Case
- [2013] FWCA 6562
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were primarily interpretative, focusing on the terms of the collective agreement. The key question was whether the employees in question were correctly classified under the agreement and, if not, what the appropriate classification should be. This, in turn, impacted their entitlements, including salary and other benefits. The court had to examine the language of the agreement, relevant precedents, and submissions from both parties to determine the correct classification.
In its decision, the court thoroughly analysed the wording of the collective agreement, considering the broader context in which it operates. The court found that the classification of the employees was indeed incorrect and varied the agreement to reflect the appropriate classification. The decision was grounded in a detailed interpretation of the contract and a consideration of the objectives of the agreement, which aimed to ensure fair and reasonable terms for both employers and employees. The court's findings were based on a balanced consideration of the evidence and arguments presented, ensuring that the variation was both legally sound and equitable.
As a result of the court's decision, the Big Steps in Early Childhood Education SA United Voice - LeFevre Child Care Centre Collective Agreement 2013 was varied to correctly classify the employees in question. This variation had the effect of adjusting their remuneration and benefits in line with the appropriate classification. The court's order was clear and specific, providing the necessary amendments to the agreement to ensure compliance with the Fair Work Act and the principles of industrial fairness.
Orders
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Background
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