United Voice

[2013] FWCA 6542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8723)

MUNDARDA CHILD CARE CENTRE INCORPORATED PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children’s services
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 SEPTEMBER 2013

Application for approval of the Mundarda Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mundarda Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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) of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application by Mundarda Child Care Centre Incorporated for approval of its Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013. The application was opposed by United Voice, an industrial organisation representing the interests of the employees. The central issue was whether the proposed standards and agreement complied with the requirements of the Fair Work Act 2009, specifically focusing on provisions related to the standard of care for children in early childhood education and care services.

The court needed to determine if the standards and agreement appropriately balanced the operational needs of the child care centre with the rights and conditions of the employees. This included assessing whether the proposed changes in the standards and agreement aligned with the legislative framework and did not adversely affect the health, safety, or welfare of the children in care. The court also had to consider if the agreement provided fair and reasonable terms for the employees, particularly in relation to wages, hours of work, and other conditions of employment.

In its decision, the Fair Work Commission found that the proposed standards and agreement largely complied with the relevant legislative requirements. The court held that the standards appropriately reflected the necessary level of care for children, while the agreement provided fair terms for the employees. The court noted that while some aspects of the agreement could be improved, they did not significantly detract from its overall compliance with the Fair Work Act. Consequently, the application was approved, subject to minor amendments to address the court's concerns. The court ordered that the Mundarda Child Care Centre Incorporated and United Voice implement the approved standards and agreement, with the specified modifications, to ensure full compliance with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established