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[2013] FWCA 5972

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2401)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - SURREY DOWNS COMMUNITY CHILDREN'S CENTRE INC ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 21 AUGUST 2013

Application for variation of the Big Steps in Early Childhood Education and Care SA United Voice - Surrey Downs Community Children's Centre Inc Enterprise Agreement 2013.

[1] An application has been made to vary the Big Steps in Early Childhood Education and Care SA United Voice - Surrey Downs Community Children's Centre 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, Surrey Downs Community Children’s Centre Incorporated 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 11 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	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, the applicant, United Voice, sought a variation to the Big Steps in Early Childhood Education and Care SA United Voice - Surrey Downs Community Children's Centre Inc Enterprise Agreement 2013. The application was filed in the Fair Work Commission of Australia, which was required to determine whether the requested changes to the enterprise agreement were fair and reasonable. The proposed changes primarily pertained to the classification and remuneration of certain employees working at the Surrey Downs Community Children's Centre, with a focus on ensuring equitable treatment and addressing discrepancies identified in the current agreement.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009, specifically sections concerning the procedural fairness and merits of the proposed changes. The court had to assess whether the changes were consistent with the purpose of the Act, which is to facilitate a fair and efficient workplace relations system. This required an examination of the bargaining process, the nature of the changes, and their impact on the employees and the employer.

The Fair Work Commission determined that the changes were necessary to address the discrepancies identified in the current agreement and to ensure that employees were classified and remunerated fairly. The court found that the changes were procedurally fair, as they were made in good faith and followed the appropriate processes as outlined in the Act. Furthermore, the merits of the changes were considered to be in line with the principles of fairness and efficiency. Consequently, the court approved the variation of the enterprise agreement as requested by the applicant, United Voice.

As a result of the court's decision, the Big Steps in Early Childhood Education and Care SA United Voice - Surrey Downs Community Children's Centre Inc Enterprise Agreement 2013 was varied to reflect the changes proposed by United Voice. The new agreement now provides for the fair classification and remuneration of employees at the Surrey Downs Community Children's Centre, ensuring that the workplace relations system remains fair and efficient.

United Voice

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