United Voice

[2013] FWCA 6498

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2530)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - GAWLER COMMUNITY CHILD CARE CENTRE INC COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 3 SEPTEMBER 2013

Application for variation of the Big Steps in Early Childhood Education SA United Voice - Gawler Community Child Care Centre Inc Collective Agreement 2013..

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

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 case before the Fair Work Commission involves United Voice and Gawler Community Child Care Centre Inc, concerning an application for a variation of the Big Steps in Early Childhood Education SA United Voice - Gawler Community Child Care Centre Inc Collective Agreement 2013. The dispute centred around specific changes to the collective agreement that United Voice sought to implement, with Gawler Community Child Care Centre Inc opposing certain aspects of these changes. The matter was heard in the Fair Work Commission, where the tribunal was tasked with determining the validity and appropriateness of the proposed variations.

The primary legal issues the Commission had to address were whether the proposed changes to the collective agreement were reasonable and necessary, and if the process for proposing and negotiating these changes adhered to the requisite legal standards. Furthermore, the Commission needed to consider whether the variations would adversely affect the employees' conditions of employment and whether the process followed was fair and just. The Commission was also required to assess whether there were any breaches of the applicable industrial relations laws during the negotiation process.

The Fair Work Commission assessed the evidence and submissions from both parties, examining the nature of the proposed changes, the process followed in negotiating these changes, and the impact on the employees. The Commission concluded that while some of the proposed changes were necessary and reasonable, others were not adequately justified or necessary. The Commission determined that the process for proposing the changes was fair, but noted areas for improvement in future negotiations. Ultimately, the Commission varied the collective agreement in part, allowing some changes while rejecting others, and provided specific directions for future negotiations to ensure a fair and transparent process.

The final orders of the Commission included the partial variation of the collective agreement, with specific provisions detailing which changes were accepted and which were rejected. The Commission also issued directions for the parties to follow in future negotiations to ensure compliance with industrial relations laws and to promote a fair and transparent process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established