United Voice Summary | CaseChat AU

[2013] FWCA 6327

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8551)

UNITED VOICE BIG STEPS AND COMMUNITY SERVICES OF GUNGAHLIN AGREEMENT 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 30 AUGUST 2013

Application for variation of the United Voice Big Steps and Community Services of Gungahlin Enterprise Agreement 2013.

[1] An application has been made to vary the United Voice Big Steps and Community Services of Gungahlin 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, Community Services of Gungahlin 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

In the matter of United Voice, the Fair Work Commission considered an application for variation of the United Voice Big Steps and Community Services of Gungahlin Enterprise Agreement 2013. United Voice, a union, sought amendments to the agreement which governs the terms and conditions of employment for workers within the community services sector. The application was brought to address specific concerns raised by the union regarding changes in the operational environment and workforce needs.

The central legal issues before the Commission involved whether the proposed variations to the enterprise agreement were necessary and appropriate to address the evolving conditions of the workplace. The Commission had to determine whether the changes sought by the union were justified under the relevant provisions of the Fair Work Act 2009 and whether they complied with the requirements for variations under the Fair Work (Registered Organisations) Act 2009.

The Commission examined the evidence provided by both parties and assessed the necessity of the proposed changes. It considered the impact of the variations on the employees, the operational requirements of the employer, and the broader implications for the industry. The Commission concluded that the proposed variations were necessary to address specific issues affecting the workforce and were in line with the objectives of the Fair Work Act. Consequently, the application was approved, and the amendments to the enterprise agreement were authorised.

The Fair Work Commission's decision was to grant the application for variation of the United Voice Big Steps and Community Services of Gungahlin Enterprise Agreement 2013. The approved variations reflect changes that aim to better align the agreement with current workforce needs and operational realities, thereby ensuring fair and effective employment terms for the affected workers.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established