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austlii:cth/FWCA/2013/7162
defendant. The application was granted. The Agreement was varied in accordance with Attachment A, with the variation operating on and from 22 August 2013.
The Fair Work Commission granted an application by United Voice to vary an enterprise agreement to fix an error in wage rates. The error in Schedule 1.4 had caused two employee classifications to receive incorrect pay rates inconsistent with government funding. The Commission found that the variation met all requirements under s.217 of the Fair Work Act 2009, corrected the ambiguity in line with what the parties originally intended, and benefited employees without causing any detriment. The variation was made retrospective to the agreement's start date (22 August 2013) so employees would receive the correct pay from the beginning.
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1 cited instrument linked from this judgment.
s.217 - Enterprise agreement
RICHMOND MULTICULTURAL CHILDREN'S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013
Application for variation of the Richmond Multicultural Children's Centre and United Voice Professional Childcare Standard 2013.
[1] An application has been made to vary the Richmond Multicultural Children's Centre and United Voice Professional Childcare Standard 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.
[3] The application came about as a result of an error contained within Schedule 1.4 of the Agreement which resulted in wage rises for two classifications depicted in the "Early Years Quality Fund Wage Rate Schedule" table being inconsistent with the "funding agreement" provided by the Department of Education, Employment and Workplace Relations under the Early Years Quality Fund.
[4] The proposed variations to the "Early Years Quality Fund Wage Rate Schedule" table, contained within Schedule 1.4 of the Agreement, are set out in the application and are appended to this decision and marked Attachment A.
[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. It should be added that the proposed variation is of benefit to employees, and no employee will be worse off as a result of the variation.
[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 22 August 2013.
Printed by authority of the Commonwealth Government Printer
The application was granted. The Agreement was varied in accordance with Attachment A, with the variation operating on and from 22 August 2013.