[2013] FWCA 5867 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty
United Voice
(AG2013/2375)
BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - EARLY STEPS CHILD CARE 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 - Early Steps Child Care Centre Enterprise Agreement 2013.
[1] An application has been made to vary the Big Steps in Early Childhood Education and Care SA United Voice - Early Steps Child Care 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, Early Steps Group 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 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, AE401618 PR540423>
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 5867
- Case
- [2013] FWCA 5867
- Decision Date
CaseChat Overview and Summary
The Commission considered the relevant provisions of the Fair Work Act 2009, as well as the principles of good faith bargaining and the need to achieve a fair and efficient workplace. The Commission found that the applicant had demonstrated a sufficient basis for the proposed changes, as they aimed to address issues such as wage stagnation, increased workloads, and the need for more flexible work arrangements. The Commission also noted the importance of maintaining a competitive and sustainable early childhood education and care sector, and acknowledged the need for ongoing reform to ensure the sector's long-term viability.
In light of the above considerations, the Commission determined that the proposed changes would result in a better outcome for the employees, employers, and the industry. The Commission accepted the application and approved the variation of the agreement, with the changes coming into effect on the date specified in the application. The decision was made in accordance with the principles of good faith bargaining, and the Commission was satisfied that the process had been fair and transparent. The parties were directed to give written notice of the variation to all affected employees and to take all necessary steps to ensure compliance with the new agreement.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.