United Voice Summary | CaseChat AU

[2013] FWCA 6136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8460)

MONASH CAULFIELD CHILD CARE CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 26 AUGUST 2013

Application for approval of the Monash Caulfield Child Care Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Monash Caulfield Child 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 parties involved in the case are the applicant, Monash Caulfield Child Care Centre, and the respondent, United Voice, a registered trade union. The dispute concerns the approval of the Monash Caulfield Child Care Centre and the United Voice Professional Childcare Standard 2013. The matter was heard in the Fair Work Commission.

The central legal issues the court was required to decide involved the interpretation and application of the Fair Work Act 2009, particularly in relation to the establishment of industry awards and the process for approving such awards. The court had to determine whether the proposed standard met the requirements set out in the legislation and whether it appropriately covered the terms and conditions of employment for the proposed centre.

The Fair Work Commission assessed the application for approval of the proposed standard, considering the evidence and submissions from both parties. The court determined that the proposed standard complied with the legislative framework and was suitable for the specific industry and workforce of the Monash Caulfield Child Care Centre. The court found that the standard was consistent with the objects of the Fair Work Act, including promoting high standards of workplace relations, and that it provided fair and reasonable terms and conditions for the employees.

Consequently, the Fair Work Commission approved the Monash Caulfield Child Care Centre and United Voice Professional Childcare Standard 2013, subject to the terms and conditions outlined in the standard. The decision was made in accordance with the relevant provisions of the Fair Work Act, ensuring that the proposed standard would provide a fair and reasonable outcome for both employers and employees in the childcare industry.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established