United Voice

[2013] FWCA 7335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9362)

EACH CHILD COMMUNITY CHILD & FAMILY CENTRE AND UNITED VOICE PROFESSIONAL STANDARD 2013

Children’s services
COMMISSIONER BISSETT	BRISBANE, 23 SEPTEMBER 2013

Application for approval of the Each Child Community Child & Family Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Each Child Community Child & Family 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 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), I note that the Agreement covers the organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision, the Australian courts considered an application for the approval of the Each Child Community Child & Family Centre and the United Voice Professional Childcare Standard 2013. The case involved United Voice, an applicant seeking formal recognition of these standards, which aim to govern the operations and practices of childcare centres in alignment with specific regulatory requirements. The dispute centred around the procedural and substantive aspects of whether these standards met the necessary criteria for approval under the relevant legislation.

The central legal issues addressed by the court involved the interpretation and application of provisions within the applicable regulatory framework. The court was tasked with determining whether the proposed standards were in compliance with the legislative requirements, and if they adequately addressed the objectives of ensuring child safety, wellbeing, and quality care. Additionally, the court examined whether the application process followed due process and whether there were any procedural errors that could affect the validity of the approval application.

In its reasoning, the court meticulously reviewed the statutory provisions and the procedural steps taken by the applicant. It found that the proposed standards were generally consistent with the legislative requirements and adequately addressed the objectives of child safety and wellbeing. The court also confirmed that the application process adhered to the necessary procedural steps, ensuring there were no errors that could undermine the approval. As a result, the court granted the approval for the Each Child Community Child & Family Centre and the United Voice Professional Childcare Standard 2013.

The final orders of the court mandated the approval of the standards, affirming their compliance with the regulatory framework. This decision ensures that the standards can be formally implemented, providing a benchmark for the operation of childcare centres within the jurisdiction.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established