United Voice

[2013] FWCA 6320

[2013] FWCA 6320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8553)

UNITED VOICE AND RAINBOW EARLY CHILDHOOD CENTRE AGREEMENT 2012

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 30 AUGUST 2013

Application for variation of the United Voice and Rainbow Early Childhood Centre Agreement 2012.

[1] An application has been made to vary the United Voice and Rainbow Early Childhood Centre Agreement 2012 (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, Rainbow Cottage Early Childhood Centre 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 A (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 varied to include Schedule A - Early Years Quality Fund Wages Schedule (the initial variation).

[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 initial variation to the Agreement.

[7] Accordingly, the Agreement is hereby varied in accordance with Attachment A and the variation will operate on and from 3 July 2013. The consolidated version of the agreement, as varied, is attached to this decision.

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ATTACHMENT A