United Voice

[2013] FWCA 6247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8708)

NORTHERN BAY EARLY LEARNING AND CARE INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 28 AUGUST 2013

Application for approval of the Northern Bay Early Learning and Care Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Northern Bay Early Learning and Care Inc. 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of United Voice, the Australian Communications and Media Authority (ACMA) applied to the Fair Work Commission (FWC) for approval of a new enterprise agreement between Northern Bay Early Learning and Care Inc. and United Voice. The application pertained to the Professional Childcare Standard 2013, which aimed to standardise employment conditions within the early learning and care sector. The FWC was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009, including ensuring it provided for fair and reasonable terms and conditions.

The primary legal issue the FWC addressed was whether the proposed agreement was procedurally sound and substantively fair. This involved scrutinising the agreement to ensure it was free from any unfair provisions, and that the process leading to its creation was fair and compliant with the statutory framework. The FWC had to consider whether the agreement adhered to the principles of good faith bargaining, and whether it provided for equitable terms and conditions for the employees involved.

After evaluating the evidence and arguments presented, the FWC found that the Professional Childcare Standard 2013 was procedurally valid and substantively fair. The Commission was satisfied that the agreement had been developed through genuine good faith bargaining and that it provided for fair and reasonable terms and conditions. Consequently, the FWC approved the application and certified the agreement as meeting the requirements of the Fair Work Act 2009. The decision underscored the importance of standardised agreements in promoting fairness and consistency in employment conditions across the early learning and care sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established