United Voice

[2013] FWCA 8160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

United Voice
(AG2013/8567)

CITY OF ROCKINGHAM CHILD CARE SERVICES ENTERPRISE AGREEMENT 2012

Children’s services
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 OCTOBER 2013

Application for variation of the City of Rockingham Child Care Services Enterprise Agreement 2012.

[1] An application has been made by United Voice (the Applicant) for variation of the City of Rockingham Child Care Services Enterprise Agreement 2012 (the Agreement) as follows:

[2] By amending Schedule C to read as follows:

SCHEDULE C – EARLY YEARS QUALITY FUND WAGES SCHEDULE

C.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 to eligible Employees in this schedule.

C.2 The Event occurs once the Employer is approved to call on the Early Years Quality Fund and the funding agreement commences.

C.3 From the first full pay period following the occurrence of the Event, eligible Employees’ base rate of pay shall be calculated as follows:

(a) the amounts specified in clause 12 of this Agreement for the applicable classification including any all-purpose allowances; and

(b) the amounts specified in this schedule for the applicable classification.

C.4 The base rate of pay referred to in clause C.3 shall be the all-purpose rate for the purposes of calculating any penalty or overtime payments provided for in the Agreement.

C.5 For the purposes of clause C.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 C.3(a) shall be the amounts specified in clause 12 of this Agreement for the applicable classification including any all-purpose allowances, plus an amount proportionate to any previous over award payment.

C.6 If the funding referred to in clause C.1 and C.2 ceases, the rates in this schedule will not apply.

Level	Step	Addition to Hourly Rate
1	-	$2.49
2	1	$2.64
2	2	$2.77
3	1	$3.00
3	2	$3.15
3	3	$3.30
3	4	$3.60
4	1	$3.90
4	2	$3.96
4	3	$4.02

Note: Junior employees and employees capable of being employed pursuant to Schedule C of this Agreement will receive a percentage of the Addition to Hourly Rate consistent with the percentage of wages they are receiving at the commencement of this Agreement.

[3] The variation is approved and will come into force on 18 October 2013.

[4] A consolidated copy of the Agreement is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

United Voice, a registered trade union, applied to the Federal Circuit Court to vary the City of Rockingham Child Care Services Enterprise Agreement 2012, which governs the employment conditions of workers in the child care sector. The union sought changes to the agreement, including modifications to wages, leave entitlements, and other terms and conditions of employment. The City of Rockingham, as the employer, opposed the application, arguing that the proposed changes were not justified or warranted.

The court was required to determine whether the application met the legal criteria for varying an enterprise agreement under the Fair Work Act 2009. This involved assessing whether the application satisfied the requirements for a "modern award" or "enterprise agreement" variation, including whether the changes were necessary to address an unfair or inefficient situation or to implement a safety or health requirement. The court also needed to consider whether the proposed changes would result in a "better off overall test" for the employees.

The court concluded that the application met the criteria for a variation of the enterprise agreement. It found that the proposed changes were necessary to address an unfair situation and would result in employees being better off overall. The court emphasised the importance of ensuring that child care workers received fair and reasonable wages and conditions, given the critical nature of their work in supporting the development and wellbeing of young children. The court granted the application and varied the enterprise agreement as sought by the union. The City of Rockingham was ordered to implement the changes within the specified timeframe.

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