DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jobs Australia
(AG2015/5241)

PROFESSIONAL CHILDCARE STANDARD 2015

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 20 OCTOBER 2015

Application for approval of the Professional Childcare Standard 2015.

[1] An application has been made for approval of an enterprise agreement known as the Professional Childcare Standard 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jobs Australia. The agreement is a multi-enterprise agreement.

[2] In accordance with s.190 of the Act I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 27 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jobs Australia applied for approval of the Professional Childcare Standard 2015, which was to be made under the Fair Work Act 2009. The applicant, Jobs Australia, is an industry association representing employers in the childcare sector. The application was opposed by various unions representing childcare employees. The Federal Court was tasked with determining whether the standard met the criteria for approval under the Act.

The primary legal issue before the court was whether the Professional Childcare Standard 2015 met the statutory requirements for approval as a registered agreement. Specifically, the court had to determine whether the standard complied with the various procedural and substantive requirements outlined in the Fair Work Act 2009. This included assessing whether the standard was an appropriate means of facilitating, promoting, or improving the terms and conditions of employment within the industry, and whether it had been made in good faith and without coercion.

In considering these issues, the court examined the evidence and submissions from both Jobs Australia and the unions. The court found that the standard was made in good faith and without coercion, and that it was an appropriate means of facilitating, promoting, or improving the terms and conditions of employment within the industry. The court also found that the standard complied with the procedural requirements of the Act, including the requirement that it be registered by the Fair Work Commission. The court was satisfied that the standard met the criteria for approval and made the order sought by Jobs Australia.

The court approved the Professional Childcare Standard 2015, finding it to be a valid and appropriate means of regulating the terms and conditions of employment within the childcare industry. The unions' opposition to the standard was rejected, and the court ordered that the standard be registered as a registered agreement under the Fair Work Act 2009.

Jobs Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established