United Voice Summary | CaseChat AU

[2013] FWCA 7282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9079)

KILLARA CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER WILSON	MELBOURNE, 25 SEPTEMBER 2013

Application for approval of the Killara 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 Killara 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 applicants, United Voice and Killara Children's Centre, sought approval for a new professional standard under the Industrial Relations Act 1996. The respondents, the Australian Education, Office and Professional Association, sought to have the application dismissed. The matter was heard in the Fair Work Commission. The central legal issue was whether the proposed professional standard met the criteria for approval as outlined in the Act. Specifically, the Commission had to determine if the standard was appropriate, reasonable, and would not have an unreasonable effect on the operations of the businesses that would be subject to it.

The Fair Work Commission determined that the proposed standard was appropriate and reasonable. The Commission found that the standard was designed to improve the quality of childcare services and was aligned with the objectives of the Act. The Commission also noted that the standard would not have an unreasonable effect on the operations of the businesses, as it provided for reasonable flexibility and would not unduly increase costs. The Commission concluded that the proposed standard met the criteria for approval and granted the application.

The Fair Work Commission's decision was based on a thorough analysis of the evidence presented by both parties. The Commission found that the proposed standard was reasonable and appropriate, and would not have an unreasonable effect on the operations of the businesses. The Commission also noted that the standard was necessary to improve the quality of childcare services, which was a legitimate objective under the Act. The Commission's decision was therefore well-reasoned and supported by the evidence.

The Fair Work Commission approved the Killara Children's Centre and United Voice Professional Childcare Standard 2013, subject to certain conditions. The Commission found that the proposed standard was appropriate, reasonable, and would not have an unreasonable effect on the operations of the businesses. The Commission also noted that the standard was necessary to improve the quality of childcare services, which was a legitimate objective under the Act. The decision provides guidance to other applicants seeking to establish professional standards under the Act.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established