[2013] FWCA 5811 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty
United Voice
(AG2013/2327)
BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - CHILD'S PLAY EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2013
Children's services | |
COMMISSIONER STEEL | ADELAIDE, 16 AUGUST 2013 |
Application for variation of the Big Steps in Early Childhood Education and Care SA United Voice - Child's Play Early Learning Centre Enterprise Agreement 2013.
[1] An application has been made to vary the Big Steps in Early Childhood Education and Care SA United Voice - Child's Play Early Learning 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, Fisher and Lindsay Pty Ltd t/as Childs Play Early learning Centre 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 13 August 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, AE402878 PR540352>
ATTACHMANT 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 5811
- Case
- [2013] FWCA 5811
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission had to resolve were whether the proposed variations were consistent with the objectives of the Fair Work Act 2009 and whether they were necessary to address genuine workplace issues. The Commission also needed to consider the balance between the rights of employees to fair work conditions and the operational requirements of the employer. In examining these issues, the Commission took into account the specific circumstances of the early childhood education sector and the potential impact of the proposed changes on both employees and the employer.
After reviewing the submissions and evidence from both parties, the Commission determined that some of the proposed variations were justified. The Commission recognised the need to address the rostering practices and shift penalties to ensure fair treatment of employees. However, it also considered the employer's concerns about operational feasibility and financial implications. The Commission decided to approve variations that provided reasonable adjustments to rostering practices and shift penalties, while rejecting those that would have imposed undue burdens on the employer. The Commission's decision aimed to achieve a fair balance between the rights of employees and the practical needs of the employer.
The final orders included specific amendments to the enterprise agreement regarding rostering practices and shift penalties. The Commission mandated that these changes be implemented within a specified timeframe, allowing both parties to adjust to the new conditions. The decision reflected the Commission's role in facilitating fair work practices while also recognising the need for operational flexibility in the early childhood education sector.
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