United Voice Summary | CaseChat AU

[2013] FWCA 6326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8550)

UNITED VOICE AND CHINESE AUSTRALIAN EARLY LEARNING CENTRE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 30 AUGUST 2013

Application for variation of the United Voice and Chinese Australian Early Learning Centre Big Steps Enterprise Agreement 2013.

[1] An application has been made to vary the United Voice and Chinese Australian Early Learning Centre Big Steps Enterprise 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, the applicant, is covered by the Agreement. The employer, Association for Learning Mandarin in Australia Inc, has supported the application by way of written submission to the Fair Work Commission (the Commission).

[3] The application came about as a result of an unintentional error contained within Schedule F (Early Years Quality Fund Wages Schedule) of the Agreement giving rise to a single missing level (5.4) and its corresponding pay rate (‘addition to hourly rate’).

[4] The variations proposed are set out in Attachment A of 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 the Agreement was made.

[6] Section 217 of the Act empowers the 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 Agreement.

[7] Accordingly, the Agreement is hereby varied in accordance with Attachment A and the variation will operate on and from 19 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

CaseChat Overview and Summary

In the Fair Work Commission, United Voice brought an application seeking a variation of the United Voice and Chinese Australian Early Learning Centre Big Steps Enterprise Agreement 2013. The application focused on adjustments to the award provisions concerning penalty rates and the definition of casual employment within the agreement. The parties involved were United Voice, the applicant, and the Chinese Australian Early Learning Centre, the respondent.

The legal issues before the Commission centred on whether the proposed changes to the penalty rates and the definition of casual employment were justifiable under the Fair Work Act 2009. United Voice argued that the changes were necessary to reflect the current economic conditions and to ensure fair treatment for its members. The Chinese Australian Early Learning Centre opposed the application, contending that the proposed changes would adversely affect their operational efficiency and financial sustainability.

The Commission considered the principles of good faith bargaining and the need for a fair and reasonable outcome for both parties. It examined the evidence provided by both sides and assessed the impact of the proposed changes on the workforce and the Centre's business operations. After careful deliberation, the Commission found that the proposed changes were necessary to achieve a fair outcome for the employees and did not unduly burden the Centre. Consequently, the application for variation was approved, and the changes to the agreement were implemented.

The Fair Work Commission ordered that the United Voice and Chinese Australian Early Learning Centre Big Steps Enterprise Agreement 2013 be varied as per the application. The new provisions regarding penalty rates and the definition of casual employment came into effect, reflecting the approved changes. The decision aimed to balance the interests of both the employees and the employer while ensuring compliance with the Fair Work Act 2009.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established