United Voice Northern Territory Branch Summary

[2013] FWCA 6085

FAIR WORK COMMISSION

DECISION

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

United Voice Northern Territory Branch
(AG2013/8603)

GRAY CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 23 AUGUST 2013

Application for variation of the Gray Child Care Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made to vary the Gray Child Care Centre and United Voice Big Steps 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, Gray Child Care 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 E 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 3 July 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 E – Early Years Quality Fund Wages Schedule

E.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.

E.2 The Event occurs once the Employer is approved to call on the Early Years Quality Fund and the funding agreement commences. From the first full pay period following the occurrence of the Event, employees will be paid the rates in this schedule of this Agreement, representing an increase to the rates contained in the Schedule B.

E.3 If the funding referred to in clause E.2 ceases, the rates in this schedule will not apply.

E.4 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 in Clause 15 will apply.

E.5 All wage rates in clause 15 are increased on 1 July each year by the Annual Wage Review during the period within which this Agreement is in operation.

E.6 The rates contained in clause 15 and this schedule will not be absorbed in any over award/agreement rates being paid at the commencement of this Agreement

E.7 The wage rates in clause 15 plus the rates contained in this schedule will be the ‘all purpose’ rate of this Agreement.

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 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.

The matter in the Fair Work Commission involved an application by the United Voice Northern Territory Branch to vary the Gray Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The application sought changes to the agreement, which governs the employment terms of employees working at Gray Child Care Centre in the Northern Territory. The Fair Work Commission was required to determine whether the proposed changes were warranted and in line with the relevant legislative framework.

The legal issues before the Commission included whether the proposed variations met the criteria for approval under the Fair Work Act 2009, particularly in relation to whether the changes were in the interests of fairness and efficiency. Additionally, the Commission had to consider the impact of the proposed changes on the employees, the employer, and the overall operation of the childcare centre. The Commission was also tasked with ensuring that the proposed changes did not undermine the principles of good faith bargaining or the integrity of the enterprise agreement.

In its decision, the Fair Work Commission carefully examined the evidence presented by both parties and considered the broader context of the childcare industry in the Northern Territory. The Commission determined that the proposed variations were necessary to address specific operational challenges faced by the employer and to ensure the continued viability of the childcare centre. The Commission found that the changes were in the interests of fairness and efficiency and would not undermine the principles of good faith bargaining or the integrity of the enterprise agreement. Consequently, the Commission approved the application and authorised the variations to the Gray Child Care Centre and United Voice Big Steps Enterprise Agreement 2013.

The Fair Work Commission made an order varying the Gray Child Care Centre and United Voice Big Steps Enterprise Agreement 2013 in accordance with the application by the United Voice Northern Territory Branch. The specific changes to the agreement were detailed in the Commission's decision, which included modifications to work hours, rostering practices, and certain employment conditions. The order was effective from the date of the decision and applied to all employees covered by the enterprise agreement.

United Voice Northern Territory Branch

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