United Voice

[2013] FWCA 7506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Voice
(AG2013/8833)

AIRPORT WEST CHILDCARE COOPERATIVE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013: A WORKPLACE AGREEMENT FOR STAFF IN VICTORIAN EARLY CHILDHOOD EDUCATION AND CARE.

Children's services
VICE PRESIDENT CATANZARITI	SYDNEY, 26 SEPTEMBER 2013

Application for approval of the Airport West Childcare Cooperative and United Voice Professional Childcare Standard 2013: A Workplace Agreement for Staff in Victorian Early Childhood Education and Care.

[1] An application has been made for approval of an enterprise agreement known as the Airport West Childcare Cooperative and United Voice Professional Childcare Standard 2013: A Workplace Agreement for Staff in Victorian Early Childhood Education and Care (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 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were United Voice, a trade union, and the Airport West Childcare Cooperative, which sought to implement a new workplace agreement. The dispute centred around the approval of the Airport West Childcare Cooperative and United Voice Professional Childcare Standard 2013, a workplace agreement intended for early childhood education and care staff in Victoria. The application for approval was heard in the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the proposed workplace agreement complied with the Fair Work Act 2009, specifically sections 222 and 233. The Airport West Childcare Cooperative argued that the agreement would provide improved working conditions and better terms for its employees. United Voice contended that the agreement was necessary to establish a consistent and fair standard for childcare workers across Victoria. The Commission had to determine whether the agreement met the criteria for an "enterprise agreement" as defined by the Act.

The Fair Work Commission found that the proposed agreement satisfied the requirements for approval. The Commission considered the agreement to be an enterprise agreement under the Act, as it addressed matters relevant to the employment of staff in the early childhood education and care sector. The agreement was deemed to cover all employees of the Airport West Childcare Cooperative and was found to be fair and reasonable, taking into account the interests of both employers and employees. The Commission approved the agreement, allowing it to be implemented as intended.

As a result of the Commission's decision, the Airport West Childcare Cooperative and United Voice Professional Childcare Standard 2013 was approved and can now be implemented. This decision sets a precedent for other childcare cooperatives and unions in Victoria, providing a framework for establishing fair and consistent working conditions in the early childhood education and care sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established