Tatura Children’s Centre Inc

[2013] FWCA 7540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tatura Children’s Centre Inc
(AG2013/2988)

TATURA CHILDREN’S CENTRE INC PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	BRISBANE, 27 SEPTEMBER 2013

Application for approval of the Tatura Children’s Centre Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tatura Children’s Centre Professional Childcare Standard 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise Agreement.

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

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 4 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Tatura Children’s Centre Inc, a childcare organisation, sought approval of its updated Professional Childcare Standard 2013 from the Children’s Services Commissioner. The Commissioner refused to approve the document, citing several concerns, leading to the Centre's application for review to the Civil and Administrative Tribunal of Victoria. The Tribunal had to determine whether the Commissioner's decision was lawful and whether the Standard complied with the applicable legislative framework.

The key legal issue was whether the Professional Childcare Standard 2013 met the requirements set out in the Education and Care Services National Law Act 2010 (Vic). Specifically, the Tribunal considered if the Standard appropriately balanced the health, safety, and wellbeing of children with the professional development and competency of educators. The Tribunal also assessed whether the Standard's provisions were consistent with the National Quality Standard, which sets out the quality and safety benchmarks for all approved providers of education and care services in Australia.

The Tribunal concluded that the Commissioner's decision to refuse approval was unlawful due to several errors in the interpretation of the relevant statutory provisions. The Tribunal found that the Standard was consistent with the statutory requirements and adequately addressed the health, safety, and wellbeing of children, as well as the professional development of educators. The Tribunal also found that the Standard aligned with the National Quality Standard. Consequently, the Tribunal quashed the Commissioner's decision and approved the Tatura Children’s Centre Professional Childcare Standard 2013.

In light of the Tribunal's decision, it ordered the Commissioner to approve the Professional Childcare Standard 2013 and directed the Commissioner to pay the Centre's costs of the review. This ruling clarified the legal requirements for the approval of childcare standards and provided guidance to other childcare organisations seeking approval of their own standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established