United Voice

[2013] FWCA 7215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9367)

KENSINGTON COMMUNITY CHILDREN’S CO-OPERATIVE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013.

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 19 SEPTEMBER 2013

Application for approval of the Kensington Community Children’s Co-operative and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kensington Community Children’s Co-operative 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 the 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] The 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 26 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 matter of United Voice, the Kensington Community Children’s Co-operative and United Voice sought approval from the Fair Work Commission of the United Voice Professional Childcare Standard 2013. This standard was aimed at regulating employment conditions for early childhood educators in Sydney’s western suburbs. The dispute centred on whether the standard adequately protected the rights and conditions of employees while ensuring fairness and flexibility for employers.

The court had to determine if the standard met the criteria set out in section 233 of the Fair Work Act 2009. This involved assessing whether the standard provided for minimum terms and conditions that were fair and protective of employees, while also being flexible enough to accommodate the unique needs of the childcare industry. Additionally, the court examined whether the standard complied with the process outlined in the Act for the approval of new standards.

The Fair Work Commission found that the standard did meet the legislative criteria. It provided a fair balance between the needs of employees and employers, ensuring minimum terms and conditions that were both protective and flexible. The Commission also confirmed that the process for approval had been correctly followed, and thus, the standard was approved. The decision highlighted the importance of maintaining a balanced approach in setting employment standards that are context-specific while adhering to overarching legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established