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[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.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The matter before the court involved an application by the respondent, United Voice, for a variation of the United Voice and Rainbow Early Childhood Centre Agreement 2012. The applicant, the employer, sought changes to the agreement which would impact the employment terms of early childhood educators and support staff. The case was heard in the Fair Work Commission.

The primary legal issues that the court had to address included whether the proposed variations were procedurally and substantively fair and reasonable. The applicant argued that the changes were necessary due to financial difficulties and changes in the operational environment, which required a reduction in workforce costs. The respondent contended that the proposed changes would adversely affect the employees' conditions and were not justified.

The court assessed the application by considering the principles of procedural fairness, the reasonableness of the proposed changes, and the impact on the employees. The court held that the applicant had demonstrated a genuine need for the variations due to significant financial pressures. It was found that the proposed changes were reasonable and would not have a detrimental impact on the employees' conditions beyond what was necessary. The court concluded that the changes were in the best interests of the employer and the employees, and approved the variations to the agreement.

The court ordered that the United Voice and Rainbow Early Childhood Centre Agreement 2012 be varied as per the applicant's proposal, effective from the date specified in the application. The changes included modifications to the wages and hours of employment for the affected employees. The respondent was directed to take all necessary steps to implement the approved variations in accordance with the terms of the order.

United Voice

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