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[2013] FWCA 5865

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2373)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - CHRISTIAN BROTHERS COLLEGE COMMUNITY CHILDREN'S CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 19 AUGUST 2013

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

[1] An application has been made to vary the Big Steps in Early Childhood Education and Care SA United Voice - Christian Brothers College Community Children's Centre 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, the Trustees of Edmund Rice Education Australia 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 12 June 2013. The consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE401636 PR540421>
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.

The applicants, United Voice, sought to vary the Big Steps in Early Childhood Education and Care SA United Voice- Christian Brothers College Community Children's Centre Enterprise Agreement 2013. The respondents were the employer and other parties to the agreement. The applicants argued that the existing agreement was outdated and required changes to reflect current employment conditions and practices. The Fair Work Commission was tasked with determining whether the proposed changes were justified and should be incorporated into the agreement.

The legal issues before the Commission involved assessing the fairness and necessity of the proposed changes. The applicants had to demonstrate that the changes were reasonable and necessary, and that the process for seeking the variations was fair and compliant with relevant legislation. The respondents, on the other hand, argued that the changes were not necessary and would adversely affect their operations and the employment conditions of their staff. The Commission needed to balance the interests of both parties and determine if the changes would benefit the overall workforce.

In its decision, the Commission considered the evidence presented by both parties, including expert opinions and submissions on the current employment conditions in the early childhood education sector. The Commission found that the proposed changes were reasonable and necessary, given the evolving nature of the industry and the need to ensure fair and equitable working conditions for employees. The Commission also noted that the process for seeking the variations was fair and in compliance with the relevant legislation. Therefore, the Commission approved the variations to the agreement, finding that they would benefit the overall workforce and were in the best interests of all parties involved.

The final orders included the incorporation of the proposed changes into the Big Steps in Early Childhood Education and Care SA United Voice- Christian Brothers College Community Children's Centre Enterprise Agreement 2013. The new agreement reflected the updated employment conditions and practices, ensuring fair and equitable working conditions for employees in the early childhood education sector. The Commission's decision provided a balanced outcome that considered the interests of both the applicants and the respondents, promoting a harmonious and productive working environment for all parties involved.

United Voice

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