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[2013] FWCA 6261 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2513)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - YAWARRA CHILDREN'S SERVICES INC ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 28 AUGUST 2013

Application for variation of the Big Steps in Early Childhood Education SA United Voice - Yawarra Children's Services Inc Enterprise Agreement 2013.

[1] An application has been made to vary the Big Steps in Early Childhood Education SA United Voice - Yawarra Children's Services Inc 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 is covered by the Agreement and was initially the applicant to approve the agreement at first instance. The employer, Yawarra Children's Services 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	1.1	$2.49
Level 2.1 - On commencement	2.1	$2.64
Level 2.2 - After 1 year	2.2	$2.77
Level 3.1 - On commencement	3.1	$3.00
Children's Services Employee
Level 1.1 - On commencement	1.1	$2.49
Level 2.1 - On commencement	2.1	$2.64
Level 2.2 - After 1 year	2.2	$2.77
Level 3A.1 - On commencement	3A.1	$2.95
Level 3A.2 - After 1 year	3A.2	$3.00
Level 3.1 - On commencement	3.1	$3.00
Level 3.2 - After 1 year	3.2	$3.15
Level 3.3 - After 2 year	3.3	$3.30
Level 3.4 (Diploma)	3.4	$3.60
Level 4A.1 - On commencement	4A.1	$3.20
Level 4A.2 - After 1 year	4A.2	$3.25
Level 4A.3 - After 2 year	4A.3	$3.29
Level 4A.4 - After 3 year	4A.4	$3.34
Level 4A.5 - After 4 year	4A.5	$3.38
Level 4.1 - On commencement	4.1	$3.90
Level 4.2 - After 1 year	4.2	$3.96
Level 4.3 - After 2 year	4.3	$4.02
Level 5A.1 - On commencement	5A.1	$4.08
Level 5A.2 - After 1 year	5A.2	$4.14
Level 5A.3 - After 2 year	5A.3	$4.20
Level 5.1 - On commencement	5.1	$4.08
Level 5.2 - After 1 year	5.2	$4.14
Level 5.3 - After 2 year	5.3	$4.20
Level 5.4 (Assistant Director with Advanced Diploma)	5.4	$4.28

Classification	Addition to Hourly Rate
Children's Services Employee - Director
Level 6.1 - On commencement	$4.76
Level 6.2 - After 1 year	$4.82
Level 6.3 - After 2 year	$4.88
Level 6.4 - On commencement	$5.06
Level 6.5 - After 1 year	$5.11
Level 6.6 - After 2 year	$5.17
Level 6.7 - On commencement	$5.23
Level 6.8 - After 1 year	$5.29
Level 6.9 - 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.

In this matter, United Voice, an industrial organisation, applied to the Fair Work Commission for a variation of the Big Steps in Early Childhood Education SA United Voice - Yawarra Children's Services Inc Enterprise Agreement 2013. The application was made under section 232 of the Fair Work Act 2009, seeking to adjust various terms and conditions of employment for employees of Yawarra Children's Services Inc, an early childhood education and care provider.

The primary legal issues before the Commission involved whether the proposed changes to the enterprise agreement were appropriate and necessary to address changes in the economic climate, workforce needs, and to maintain the competitiveness and sustainability of Yawarra Children's Services Inc. The application sought to amend several sections of the agreement, including those relating to pay rates, penalty rates, and other employment conditions. The Commission had to determine if these changes were fair and reasonable, and whether they met the requirements of the Fair Work Act.

The Fair Work Commission found that the economic environment had indeed changed since the original agreement was entered into, and that the proposed variations were necessary to address these changes. The Commission considered the submissions from both parties and the broader implications for the early childhood education sector. After weighing the evidence and arguments presented, the Commission concluded that the variations were appropriate and authorised them, subject to the terms and conditions set out in the amended agreement. The decision was made in the interest of ensuring the continued viability of Yawarra Children's Services Inc and the fair treatment of its employees.

The final orders of the Commission included specific changes to the pay rates and conditions as proposed by United Voice, reflecting the economic realities and the need for adjustments to maintain the service quality and financial stability of the organisation. The amended agreement was to be implemented from a specified date, ensuring that all affected employees were informed of the new terms and conditions. The Commission's decision was aimed at balancing the interests of the employer and employees while upholding the principles of fairness and equity in the workplace.

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