United Voice

[2013] FWCA 7461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9457)

MEELA CHILDCARE CENTRE INCORPORATED PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILLIAMS	PERTH, 27 SEPTEMBER 2013

Application for approval of the Meela Childcare Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Meela Childcare Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Voice. 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] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

2 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Meela Childcare Centre Incorporated, an applicant for approval of its professional early childhood education and care standards, filed an application in the Fair Work Commission. United Voice, a union representing workers, opposed the application on the grounds that it did not comply with certain provisions of the Fair Work Act 2009. The central issue before the Commission was whether Meela Childcare Centre Incorporated had fulfilled its obligations under the Act and whether the proposed standards and agreement adequately protected the rights and interests of the employees.

The Commission considered whether the standards and agreement met the legislative requirements and provided sufficient safeguards for the employees. It examined the specific provisions of the Act and compared them against the proposed standards and agreement. The Commission also assessed whether the agreement provided fair and reasonable terms for the employees, including conditions of employment, wages, and other benefits. After careful consideration, the Commission found that the proposed standards and agreement did not fully comply with the requirements of the Act. The Commission noted that certain provisions were not adequately addressed, and the agreement did not sufficiently protect the rights and interests of the employees. As a result, the application for approval was dismissed.

The Commission emphasised the importance of ensuring that early childhood education and care standards and agreements meet the legislative requirements and provide adequate protection for employees. The decision highlights the need for careful scrutiny of such applications to safeguard the interests of workers in the sector. The Commission's ruling serves as a reminder to applicants to ensure that their proposals fully comply with the Act and adequately address the rights and interests of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established