United Voice

[2013] FWCA 6133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8458)

DANDENONG DAY NURSERY INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 26 AUGUST 2013

Application for approval of the Dandenong Day Nursery Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dandenong Day Nursery 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] 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, Dandenong Day Nursery Inc. and United Voice, sought approval of the Professional Childcare Standard 2013. The respondents were the Minister for Education and Training and the Minister for Industrial Relations. The applicants sought to have the standard registered and approved by the Fair Work Commission, as it outlined the terms and conditions of employment for their employees. The dispute involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues before the court included the validity of the standard, whether it complied with the requirements of the Fair Work Act and Regulations, and whether it was in the best interests of the employees. The court had to consider whether the standard was reasonably necessary to achieve a work outcome, and whether it provided for a fair and reasonable balance of rights and obligations for both employers and employees. The court also needed to assess whether the standard was consistent with the objectives of the Fair Work Act.

The court found that the standard was valid and complied with the requirements of the Fair Work Act and Regulations. It concluded that the standard was reasonably necessary to achieve a work outcome and provided for a fair and reasonable balance of rights and obligations. The court also found that the standard was in the best interests of the employees and was consistent with the objectives of the Fair Work Act. The court approved the Professional Childcare Standard 2013 and ordered its registration with the Fair Work Commission.

No further orders were made by the court. The applicants were successful in their application, and the standard was approved and registered. The respondents' objections were dismissed, and the court found in favour of the applicants. The decision provided clarity on the interpretation and application of the Fair Work Act and Regulations in relation to the approval of industry standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established