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[2013] FWCA 6330

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2520)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - STRATHALBYN 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 - Strathalbyn 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 - Strathalbyn 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, Strathalbyn 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 9 July 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 before the court involved an application by United Voice, an association representing workers, for a variation of the Big Steps in Early Childhood Education SA United Voice – Strathalbyn Children's Centre Inc Collective Agreement 2013. The application sought to modify various provisions of the agreement, including those relating to classification, pay rates, and entitlements for employees of the Strathalbyn Children's Centre Inc. The dispute centred around whether the proposed changes were necessary to address current workforce needs and maintain fair and reasonable terms for both employers and employees.

The primary legal issues the court had to address were whether the proposed variations to the collective agreement were in the best interest of the employees and whether they were necessary to ensure the continued viability and effectiveness of the agreement. The court also had to consider whether the changes complied with relevant industrial laws and whether they adequately balanced the interests of both parties. The court examined submissions from both United Voice and the employer, considering the evidence and arguments presented regarding the need for the variations.

In its decision, the court found that the proposed variations to the collective agreement were necessary to address contemporary workforce challenges and to ensure fair and reasonable terms for employees. The court determined that the changes were in the best interests of the employees and were consistent with the principles of the Fair Work Act. The court also concluded that the variations complied with relevant industrial laws and appropriately balanced the interests of both parties. Based on this reasoning, the court granted the application for variation of the collective agreement.

As a result of the court's decision, the Big Steps in Early Childhood Education SA United Voice – Strathalbyn Children's Centre Inc Collective Agreement 2013 was varied in accordance with the terms outlined in the application. The specific changes included modifications to employee classification, pay rates, and entitlements, as proposed by United Voice. This decision was made to ensure that the agreement remained effective and relevant in addressing the needs of the workforce at the Strathalbyn Children's Centre Inc.

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