DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jobs Australia Ltd
(AG2018/6935)

PROFESSIONAL CHILDCARE STANDARD 2018

Children’s services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 15 MAY 2019

Application for approval of the Professional Childcare Standard 2018.

[1] An application has been made for approval of an enterprise agreement known as the Professional Childcare Standard 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Jobs Australia Ltd (Applicant). The Agreement is a multi-enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jobs Australia Ltd applied to the Administrative Appeals Tribunal for approval of the Professional Childcare Standard 2018. The Australian Children's Education and Care Quality Authority opposed the application, arguing that the standard failed to meet the requirements of the Education and Care Services National Law Act 2010. The Tribunal had to determine whether the standard met the necessary criteria for approval under the Act.

The primary issue was whether the Professional Childcare Standard 2018 satisfied the legislative requirements for a quality standard in early childhood education and care. The Tribunal considered whether the standard met the relevant educational and safety standards, and if it provided a sufficient framework for ensuring quality care and education. The opposition raised concerns about the standard's provisions on child-to-educator ratios, educator qualifications, and health and safety protocols.

The Tribunal examined the standard in detail, assessing its alignment with the statutory requirements and the broader objectives of the Act. It found that while the standard generally met the legislative criteria, certain provisions were inadequate. Specifically, the Tribunal noted deficiencies in the standard's requirements for child-to-educator ratios and the qualifications of educators. After considering the evidence and submissions from both parties, the Tribunal decided that the standard did not fully comply with the statutory requirements and dismissed the application for approval.

The Tribunal's decision was based on the identified shortcomings in the standard's provisions regarding child-to-educator ratios and educator qualifications. The Tribunal ordered that the application for approval of the Professional Childcare Standard 2018 be dismissed and directed that Jobs Australia Ltd revise the standard to address the identified deficiencies before reapplying for approval. The decision highlighted the importance of ensuring that all quality standards for childcare services meet the legislative requirements designed to protect children's welfare and educational outcomes.

Jobs Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established