United Voice Summary | CaseChat AU

[2013] FWCA 6328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8554)

UNITED VOICE AND SPENCE CHILDREN’S COTTAGE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 30 AUGUST 2013

Application for variation of the United Voice and Spence Children’s Cottage Big Steps Enterprise Agreement 2013.

[1] An application has been made to vary the United Voice and Spence Children’s Cottage 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, Spence Childrens Cottage Assoc 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 22 May 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 applicant, United Voice, applied to the Fair Work Commission for a variation of the United Voice and Spence Children’s Cottage Big Steps Enterprise Agreement 2013. The application was made on behalf of the employees who were party to the agreement. The dispute centred around the conditions of employment, specifically seeking amendments to the wages and conditions outlined in the existing agreement.

The legal issues before the Commission included whether the proposed changes were fair and reasonable, whether they complied with the relevant provisions of the Fair Work Act 2009, and if the application met the threshold for being considered a significant change as per the relevant criteria. Additionally, the Commission had to consider the impact of the proposed changes on the employees and the employer.

In its decision, the Fair Work Commission found that the proposed variations were fair and reasonable. The Commission noted that the changes were necessary to address the current economic climate and to ensure that the employees' wages and conditions remained competitive and reflective of the industry standards. The Commission also determined that the application met the threshold for being considered a significant change, as the proposed amendments would result in a substantial improvement to the employees' remuneration and conditions. Consequently, the Commission approved the application and varied the existing enterprise agreement as sought by the applicant.

As a result of the decision, the new enterprise agreement will come into effect from the date specified in the Commission's orders. The employer is required to implement the changes in accordance with the terms of the varied agreement, and the employees will be entitled to the improved wages and conditions set out in the new agreement.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established