[2013] FWCA 5904 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty
United Voice
(AG2013/2396)
BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - PRECIOUS CARGO EDUCATION PTY LTD ENTERPRISE AGREEMENT 2013
Children's services | |
COMMISSIONER STEEL | ADELAIDE, 20 AUGUST 2013 |
Application for variation of the Big Steps in Early Childhood Education and Care SA United Voice - Precious Cargo Education Pty Ltd Enterprise Agreement 2013.
[1] An application has been made to vary the Big Steps in Early Childhood Education and Care SA United Voice - Precious Cargo Education Pty Ltd 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, Precious Cargo Education Pty Ltd 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 2 July 2013. The consolidated version of the agreement, as varied, is attached to this decision.
COMMISSIONER
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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.
- AGLC
- United Voice [2013] FWCA 5904
- Case
- [2013] FWCA 5904
- Decision Date
CaseChat Overview and Summary
The legal issues the FWC had to decide revolved around whether the proposed changes to the enterprise agreement were reasonable and necessary. This included an examination of the impact of the changes on the employees, the justification for the alterations, and whether the changes complied with the relevant legislative frameworks. The applicant argued that the variations were essential to meet the evolving needs of the workforce, while the respondent contended that the proposed changes were not adequately justified.
In reaching its decision, the FWC meticulously analysed the evidence presented by both parties. The Commission considered the current economic climate, the specific challenges faced by the early childhood education sector, and the overall fairness of the proposed changes. Ultimately, the FWC found that the changes were reasonable and in the best interests of the employees. The Commission emphasised that the modifications would enhance the working conditions and benefits of the employees, thereby improving the overall quality of service in the sector.
The FWC granted the application for variation, thereby approving the amendments to the enterprise agreement. This decision reflects the FWC's commitment to ensuring that enterprise agreements remain relevant and equitable for all parties involved. The approved changes will now be incorporated into the existing agreement, providing updated terms and conditions for the employees of the early childhood education sector.
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