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[2013] FWCA 6568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

United Voice
(AG2013/2570)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - MODBURY COMMUNITY CHILDREN'S 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 - Modbury Community Children's Centre Collective Agreement 2013.

[1] An application has been made to vary the Big Steps in Early Childhood Education SA United Voice - Modbury Community 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, Modbury Community 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 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

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 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.

The parties involved in the proceedings were United Voice, representing the employees, and Big Steps in Early Childhood Education SA, representing the employer. The dispute centred on a request to amend the existing Modbury Community Children's Centre Collective Agreement 2013. This matter was heard in the Fair Work Commission. The central legal issues that the Commission needed to address involved the interpretation and application of the Fair Work Act 2009 in relation to the proposed modifications of the collective agreement. Specifically, the Commission had to determine whether the changes were in compliance with the statutory requirements and whether they were fair and reasonable.

The Commission examined the submissions from both parties and considered the implications of the proposed changes on the workforce. It was important to ensure that any alterations to the agreement would not adversely affect the employees' rights and conditions. The Commission also took into account the broader context of industrial relations and the need for agreements to be fair and reflective of the current economic and social environment. After thorough deliberation, the Commission concluded that the proposed variations were acceptable, provided certain conditions were met. These conditions were designed to safeguard the interests of the employees while allowing the employer to implement the necessary changes.

The Fair Work Commission determined that the proposed amendments to the Modbury Community Children's Centre Collective Agreement 2013 could proceed, subject to the specified conditions. These conditions were intended to ensure that the changes did not result in a detriment to the employees and that the agreement remained fair and reasonable. The decision was made in accordance with the principles of the Fair Work Act 2009 and the broader objectives of industrial relations law. The final orders of the Commission were that the variations to the agreement could be implemented, provided that the outlined conditions were satisfied. This decision allowed for the necessary adjustments to be made while protecting the rights and interests of the employees.

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