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[2013] FWCA 6251

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/8706)

LILYDALE COMMUNITY CHILDCARE INC. T/A SWINBURNE CHILDREN'S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children's services
COMMISSIONER BISSETT	MELBOURNE, 28 AUGUST 2013

Application for approval of the Lilydale Community Childcare Inc. T/A Swinburne 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 Lilydale Community Childcare Inc. T/A Swinburne 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 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 3 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

United Voice, an incorporated association, applied for the approval of the Swinburne Children's Centre and the United Voice Professional Childcare Standard 2013. The applicant sought the approval of the standards to govern the operation of childcare centres that are members of the association. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009 (Cth).

The court was required to determine whether the proposed standards were appropriate and necessary for the protection of the interests of employees working in childcare centres. The applicant argued that the standards were necessary to ensure that the centres provided a safe and high-quality service to children and their families. The applicant also argued that the standards would provide for fair and reasonable terms and conditions of employment for employees in the sector.

The Commission found that the proposed standards were appropriate and necessary for the protection of the interests of employees in the childcare sector. The Commission noted that the standards addressed a range of issues, including occupational health and safety, minimum staffing levels, and the provision of training and support for employees. The Commission also noted that the standards were developed through a consultative process that involved representatives of employers and employees in the sector. The Commission concluded that the standards would promote the interests of both employers and employees and would provide a fair and reasonable framework for the operation of childcare centres.

The Commission approved the application and the United Voice Professional Childcare Standard 2013. The Commission made an order approving the Swinburne Children's Centre as a member of the United Voice association and approving the United Voice Professional Childcare Standard 2013 as a standard for the operation of childcare centres that are members of the association. The order is effective from the date of the Commission's decision.

United Voice

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