United Voice

Case •

[2013] FWCA 4236

•

28 JUNE 2013

No judgment structure available for this case.

[2013] FWCA 4236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

United Voice
(AG2013/6895)

COTTESLOE CHILD CARE CENTRE ENTERPRISE AGREEMENT 2012

Children's services

COMMISSIONER CLOGHAN

PERTH, 28 JUNE 2013

Application for variation of the Cottesloe Child Care Centre Enterprise Agreement 2012.

[1] This is an application by United Voice (Applicant) seeking approval of a Variation of an enterprise agreement.

[2] The application is made pursuant to s.210 of the Fair Work Act 2009 (FW Act).

[3] The enterprise agreement subject to the application is the Cottesloe Child Care Centre Enterprise Agreement 2012 (Agreement).

[4] The Agreement commenced on 30 October 2012 and its nominal expiry date is 1 February 2015.

[5] In support of the application the Applicant has provided:

    ● Form F23-Application for Approval of Variation of Enterprise Agreement;

    ● Form F23A-Employer’s Declaration in Support of Approval of Variation of Enterprise Agreement;

    ● Form F23B-Declaration of Employee Organisation in Support of Application for Approval of Variation of Enterprise Agreement;

    ● a signed varied agreement.

[6] In accordance with s.210 of the FW Act, the Agreement is varied by inserting Schedule 2 - Early Years Quality Fund Wages Schedule immediately after Schedule 1 - Rates of Pay as follows:

    “Schedule 2 – Early Years Quality Fund Wages Schedule

    2.1 The Event is defined as government funding (the Early Years Quality Fund or its successor) directed at the Employer which is provided to fund the wage increases in this schedule.

    2.2 The Event occurs once the Employer is approved to call on the Early Years Quality Fund and the funding agreement commences.

    2.3 From the first full pay period following the occurrence of the Event, the employees’ base rate of pay shall be calculated as follows:

    the amounts referred to in clause 11 of this Agreement for the applicable classification including any all-purpose allowances; and

    the amounts specified in this schedule for the applicable classification.

    2.4 The base rate of pay referred to in clause 2.3 shall be the all-purpose rate for the purposes of calculating any penalty or overtime payments provided for in the Agreement.

    2.5 All wage rates referred to in clause 11 are increased on 1 July each year by the Annual Wage Review during the period within which this Agreement is in operation.

    2.6 For the purposes of clause 2.3 (a),if immediately prior to the approval of this agreement an employee was receiving a base rate of pay that was in advance of the applicable wage rate, irrespective of the source of that entitlement, the rate for the purposes of clause 2.3 (a) shall be the amounts referred to in clause 11 of this Agreement for the applicable classification including any all-purpose allowances, plus an amount proportionate to any previous over award payment.

    2.7 If the funding referred to in clause 2.1 and 2.2 ceases, the rates in this schedule will not apply.

    2.8 If, after the Event occurs, the funding agreement is altered and new funding arrangements are insufficient to meet the wages in this schedule, the minimum wage rate payable will be a rate, as agreed between the bargaining representatives, which is sufficiently funded. Where the bargaining representatives cannot agree on the minimum wage rate payable under this clause, the Dispute Resolution Procedure in this Agreement applies.

    Classification

    Level/Step

    Addition to Hourly Rate

    Support Worker

    1.1

    $2.49

    2.1

    $2.64

    2.2

    $2.77

    3.1

    $3.00

    Children's Services Employee

    1.1

    $2.49

    2.1

    $2.64

    2.2

    $2.77

    3A.1

    $2.95

    3A.2

    $3.00

    Certificate III

    3.1

    $3.00

    3.2

    $3.15

    3.3

    $3.30

    Diploma

    3.4

    $3.60

    4A.1

    $3.20

    4A.2

    $3.25

    4A.3

    $3.29

    4A.4

    $3.34

    4A.5

    $3.38

    Diploma (supervisor)

    4.1

    $3.90

    4.2

    $3.96

    4.3

    $4.02

    5A.1

    $4.08

    5A.2

    $4.14

    5A.3

    $4.20

    Group Leader

    5.1

    $4.08

    5.2

    $4.14

    5.3

    $4.20

    5.4*

    $4.28

    6A.1

    $4.76

    6A.2

    $4.82

    6A.3

    $4.88

    Children's Services Employee - Director

    Director A (to 39 places)

    6.1

    $4.76

    6.2

    $4.82

    6.3

    $4.88

    Director B (40-59 places)

    6.4

    $5.06

    6.5

    $5.11

    6.6

    $5.17

    Director C (60 + places)

    6.7

    $5.23

    6.8

    $5.29

    6.9

    $5.35

    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 and employees capable of being employed pursuant to Schedules C and D of this Agreement will receive a percentage of the Additional to Hourly Rate consistent with the percentage of wages they are receiving at the commencement of this Agreement.

*An Assistant Director who holds an Advanced Diploma (AQF 6/3 year qualified) must be paid no less than Level 5.4”

[7] A corresponding change has been made to the Table of Contents.

[8] The variation operates from 28 June 2013.

[9] A consolidated version of the Agreement as varied is attached to this Decision,

COMMISSIONER

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