United Voice

[2013] FWCA 7289

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/9137)

CURZON STREET CHILDREN'S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children's services
COMMISSIONER WILSON	MELBOURNE, 25 SEPTEMBER 2013

Application for approval of the Curzon Street Children's Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Curzon Street Children's Centre and United Voice Professional Childcare Standard 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 Applicant). The agreement is a single-enterprise agreement.

[2] 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.

[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 United Voice.

[4] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Curzon Street Children's Centre and the United Voice Professional Childcare Standard 2013. The application was made to the Fair Work Commission by United Voice, an organisation representing employees in the childcare sector. The matter was heard in the Commission's Melbourne sittings.

The primary legal issue was whether the proposed standard, which set out conditions of employment for childcare workers, complied with the Fair Work Act 2009. Specifically, the court had to determine if the standard was consistent with the objects of the Act and if it was an appropriate and efficient means to achieve those objects. The applicant argued that the standard would enhance the quality of childcare services, while the respondent, the Department of Education and Training, raised concerns about the standard's impact on operational flexibility and costs.

In delivering its decision, the Commission considered the evidence presented by both parties and the statutory framework governing the approval of occupational standards. The Commission concluded that the proposed standard aligned with the Act's objectives of promoting better working conditions and ensuring fair and efficient workplace practices. The Commission also found that the standard was an appropriate and efficient means to achieve these objectives, noting the potential benefits for childcare quality and worker satisfaction. Therefore, the application was approved.

The final orders of the Commission were that the Curzon Street Children's Centre and the United Voice Professional Childcare Standard 2013 be approved, subject to certain conditions designed to mitigate potential operational challenges and ensure ongoing monitoring of the standard's impact.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established