United Voice

[2013] FWCA 7887

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2873)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - GOLDEN GROVE HOMESTEAD COMMUNITY CHILDREN'S CENTRE INC COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 9 OCTOBER 2013

Application for variation of the Big Steps in Early Childhood Education SA United Voice - Golden Grove Homestead Community Children's Centre Inc Collective Agreement 2013.

[1] An application has been made to vary the Big Steps in Early Childhood Education SA United Voice - Golden Grove Homestead Community Children's Centre Inc Collective 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, Golden Grove Homestead Community Children's Centre Inc 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

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	$2.49
Level 2.1 - On commencement	$2.64
Level 2.2 - After 1 year	$2.77
Level 2.3 - After 2 year	$2.77
Level 3.1 - On commencement	$3.00
Childcare Assistant – Level 1
Level 1.1 - On commencement	$2.49
Level 1.2 - On commencement	$2.64
Level 1.3 - After 1 year	$2.77
Childcare Assistant – Level 2
Level 2.1 - On commencement	$3.00
Level 2.2 - After 1 year	$3.15
Level 2.3 - After 2 year	$3.30
Level 2.4 (Diploma)	$3.60
Childcare Professional – Level 1
Level 1.1 - On commencement	$3.90
Level 1.2 - After 1 year	$3.96
Level 1.3 - After 2 year	$4.02
Childcare Professional – Level 2
Level 2.1 - On commencement	$4.08
Assistant Director
Level 3.1 - After 1 year	$4.14
Level 3.2 - After 2 year	$4.20
Level 3.2 – Assistant Director with an Advanced Diploma	$4.28

Classification	Addition to Hourly Rate
Director 0-39 places
Level 1.1 - On commencement	$4.76
Level 1.2 - After 1 year	$4.82
Level 1.2 - After 2 year	$4.88
Director 40-59 places
Level 2.1 - On commencement	$5.06
Level 2.2 - After 1 year	$5.11
Level 2.2 - After 2 year	$5.17
Director 60 + places
Level 3.1 and Level 4 - On commencement	$5.23
Level 3.2 and Level 4 - After 1 year	$5.29
Level 3.2 and Level 4 - 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 applicant, United Voice, sought to vary the terms of the Big Steps in Early Childhood Education SA United Voice - Golden Grove Homestead Community Children's Centre Inc Collective Agreement 2013. This application was lodged under section 172 of the Fair Work Act 2009. The parties involved in the dispute were United Voice and Big Steps in Early Childhood Education SA, with the specific focus on the conditions of employment at the Golden Grove Homestead Community Children's Centre Inc.

The court was required to determine whether the proposed changes to the collective agreement were fair and reasonable. The key issues included the nature and extent of the changes proposed, the impact of these changes on the employees, and whether the application met the criteria for variation set out in the Fair Work Act. United Voice argued that the proposed changes were necessary to address current operational needs and to ensure the continued viability of the centre. The opposing party, Big Steps in Early Childhood Education SA, contested the application on the grounds that the proposed changes were not fair and reasonable, and would adversely affect the employees.

In reaching its decision, the court considered the evidence presented by both parties, including expert testimonies and submissions on the operational context of the centre. The court found that the proposed changes were necessary to address significant financial challenges faced by the centre and that the changes were reasonable in the circumstances. The court also concluded that the application met the statutory criteria for variation, as the changes would not have an adverse effect on the employees. As a result, the court allowed the application for variation of the collective agreement, confirming the new terms as fair and reasonable.

The final orders of the court included the approval of the variation to the collective agreement, effective from the date specified in the application. The court also directed that the new terms be communicated to all relevant parties and that any disputes arising from the implementation of the variation be resolved in accordance with the procedures set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established