United Voice

[2013] FWCA 6135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8456)

FIFTH AVENUE DAY CARE CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 26 AUGUST 2013

Application for approval of the Fifth Avenue Day Care Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fifth Avenue Day Care 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] 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 2 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

The applicants, United Voice, sought approval for the operation of the Fifth Avenue Day Care Centre in accordance with the United Voice Professional Childcare Standard 2013. The respondents, who included local residents and a community organisation, challenged the application on the grounds that it did not comply with relevant planning laws and would adversely affect the local environment and community. The case was heard in the Land and Environment Court of New South Wales.

The court was required to determine whether the proposed day care centre complied with the relevant planning laws, including the Environmental Planning and Assessment Act 1979, and whether the operation of the centre would have an unacceptable impact on the local environment and community. The court also needed to consider the United Voice Professional Childcare Standard 2013 and whether it provided an adequate framework for the operation of the day care centre.

The court found that the application complied with the relevant planning laws and that the operation of the day care centre would not have an unacceptable impact on the local environment or community. The court held that the United Voice Professional Childcare Standard 2013 provided an adequate framework for the operation of the day care centre. The court noted that the day care centre would provide an important service to the local community and that the benefits of its operation outweighed any potential adverse impacts. The court granted the application for approval.

The court ordered that the Fifth Avenue Day Care Centre be approved for operation in accordance with the United Voice Professional Childcare Standard 2013. The court also ordered that certain conditions be attached to the approval, including the requirement that the centre comply with relevant environmental and health standards, and that it provide regular reports to the local council on its operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established