United Voice

[2013] FWCA 5912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8548)

UNITED VOICE AND BARINGA CHILD CARE AGREEMENT 2010

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 30 AUGUST 2013

Application for variation of the United Voice and Baringa Child Care Agreement 2010.

[1] An application has been made to vary the United Voice and Baringa Child Care Agreement 2010 (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, Baringa Child Care Centre Incorporated, 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 B (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 B - 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 4 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

United Voice, an Australian trade union, applied for a variation of the United Voice and Baringa Child Care Agreement 2010. The application was heard by the Fair Work Commission, which was required to determine whether the proposed changes to the agreement were reasonable in all circumstances. The applicant sought to alter the definition of a shift, modify provisions concerning shift allowances, and change the process for resolving disputes.

The central legal issues revolved around the interpretation of the relevant provisions of the Fair Work Act 2009 and the principles guiding the variation of workplace agreements. The Commission needed to assess whether the proposed changes would maintain a balance between the interests of employees and employers and whether they aligned with the overarching goals of the Fair Work Act. The Commission also considered the practical implications of the changes and whether they would result in improved working conditions for the employees.

The Commission found that the proposed changes to the agreement were reasonable in all circumstances. The Commission determined that the new definitions and provisions would not adversely affect the employees and would, in fact, improve their working conditions. The Commission highlighted the importance of maintaining fair and reasonable workplace agreements that reflect the needs and interests of both parties. The Commission also noted that the changes were consistent with the principles of the Fair Work Act and would not undermine the integrity of the industrial relations system.

The Fair Work Commission granted the application for variation of the United Voice and Baringa Child Care Agreement 2010, approving the proposed changes to the agreement. The new provisions came into effect on the date specified in the application, providing a more equitable arrangement for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established