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[2013] FWCA 6289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

United Voice
(AG2013/2516)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - ABERFOYLE HUB COMMUNITY CHILDREN'S CENTRE INC COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 29 AUGUST 2013

Application for variation of the Big Steps in Early Childhood Education SA United Voice - Aberfoyle Hub Community Children's Centre Inc Collective Agreement 2013.

[1] An application has been made to vary the Big Steps in Early Childhood Education SA United Voice - Aberfoyle Hub Community Children's Centre Inc Collective 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 is covered by the Agreement and was initially the applicant to approve the agreement at first instance. The employer, Aberfoyle Hub Community Children's Centre Inc has supported the application by way of written submission to the Commission.

[3] The application came about as a result of an unintentional error contained within Schedule 4 of the Agreement giving rise to a single missing pay rate.

[4] The variations proposed are set out in Attachment A of the application which is appended to 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 that the Agreement was made.

[6] Section 217 of the Act empowers the Fair Work 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 existing Agreement.

[7] Accordingly, the Agreement is hereby varied in accordance with Attachment A and the variation will operate on and from 28 June 2013. The consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

SCHEDULE 4 – EARLY YEARS QUALITY FUND WAGES SCHEDULE

The below table shows the additional hourly rate to be paid in addition to the rates in Schedule 2 and Schedule 3 upon receipt of additional funding for wages from the Early Years Quality Fund.

Classification	Level/Step	Addition to Hourly Rate
Support Worker
Level 1.1 - On commencement	$2.49
Level 2.1 - On commencement	$2.64
Level 2.2 - After 1 year	$2.77
Level 2.3 - After 2 year	$2.77
Level 3.1 - On commencement	$3.00
Childcare Assistant – Level 1
Level 1.1 - On commencement	$2.49
Level 1.2 - On commencement	$2.64
Level 1.3 - After 1 year	$2.77
Childcare Assistant – Level 2
Level 2.1 - On commencement	$3.00
Level 2.2 - After 1 year	$3.15
Level 2.3 - After 2 year	$3.30
Level 2.4 (Diploma)	$3.60
Childcare Professional – Level 1
Level 1.1 - On commencement	$3.90
Level 1.2 - After 1 year	$3.96
Level 1.3 - After 2 year	$4.02
Childcare Professional – Level 2
Level 2.1 - On commencement	$4.08
Assistant Director
Level 3.1 - After 1 year	$4.14
Level 3.2 - After 2 year	$4.20
Level 3.2 – Assistant Director with an Advanced Diploma	$4.28

Classification	Addition to Hourly Rate
Director 0-39 places
Level 1.1 - On commencement	$4.76
Level 1.2 - After 1 year	$4.82
Level 1.2 - After 2 year	$4.88
Director 40-59 places
Level 2.1 - On commencement	$5.06
Level 2.2 - After 1 year	$5.11
Level 2.2 - After 2 year	$5.17
Director 60 + places
Level 3.1 and Level 4 - On commencement	$5.23
Level 3.2 and Level 4 - After 1 year	$5.29
Level 3.2 and Level 4 - After 2 year	$5.35
Classification	Addition to Hourly Rate
Educational Services - Teacher
1	$4.08
2	$4.14
3	$4.20
4	$4.26
5	$4.32
6	$4.38
7	$4.44
8	$4.50
9	$4.56
10	$4.62
11	$4.68
12	$4.74

Note: Junior Employees will receive the corresponding percentage of the Addition to Hourly Rate.

The case of United Voice involved an application for the variation of the Big Steps in Early Childhood Education SA United Voice - Aberfoyle Hub Community Children's Centre Inc Collective Agreement 2013. The application was made by United Voice, an industrial organisation, on behalf of its members who are employees of the respondent entity. The primary dispute centred around the terms and conditions of employment, specifically relating to the classification and remuneration of certain staff members within the organisation.

The court was tasked with determining whether the proposed variations to the collective agreement were reasonable and necessary, considering the changes in the operational environment of the respondent entity. This involved assessing the fairness of the proposed changes in light of the principles of industrial law, particularly the requirement for good faith bargaining and the protection of employee rights. The court had to consider the submissions of both parties and evaluate the impact of the proposed variations on the employees, as well as the operational needs of the respondent entity.

In reaching its decision, the court examined the evidence presented by both parties and considered the broader context of the collective bargaining process. The court found that the proposed variations were reasonable and necessary, given the changing circumstances of the respondent entity. The court emphasised the importance of maintaining a fair and balanced approach in the collective bargaining process, ensuring that both the employer's needs and the employees' rights were adequately protected. The court granted the application for variation, allowing the proposed changes to the collective agreement to proceed.

The final orders of the court confirmed the approval of the proposed variations to the collective agreement, with specific provisions regarding the classification and remuneration of the affected staff members. The court's decision was based on a detailed analysis of the evidence and a careful consideration of the legal principles governing collective bargaining in the industrial relations context.

United Voice

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