United Voice Summary | CaseChat AU

[2013] FWCA 6039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7972)

SHIRLEY ROBERTSON CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 22 AUGUST 2013

Application for approval of the Shirley Robertson 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 Shirley Robertson 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] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] 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.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 29 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice, the applicant, sought approval for the Shirley Robertson Children’s Centre and the United Voice Professional Childcare Standard 2013 from the Fair Work Commission. The application was opposed by the respondents, including various childcare centres and individuals associated with the proposed standard. The primary dispute revolved around the proposed standard's compliance with the Fair Work Act 2009 and its suitability for implementation across the childcare sector.

The legal issues before the court encompassed the validity of the standard's content, its alignment with the objectives of the Fair Work Act, and whether the proposed standard would result in unfair or unreasonable outcomes for stakeholders. The court was tasked with ensuring that the standard was not only procedurally sound but also substantively fair and beneficial to all parties involved, particularly in terms of its impact on the quality of childcare services and the rights of employees.

In delivering its decision, the Fair Work Commission meticulously examined the proposed standard, considering the submissions from both the applicant and the respondents. The Commission determined that the standard, while generally well-intentioned, contained certain provisions that could lead to unreasonable outcomes for some stakeholders. Consequently, the Commission approved the standard with modifications to address these concerns. These modifications ensured that the standard met the statutory requirements and would not unfairly disadvantage any party, thereby achieving a balance between the interests of employees, employers, and the broader childcare sector.

The Commission's final orders included the approval of the Shirley Robertson Children’s Centre and the United Voice Professional Childcare Standard 2013, subject to the modifications made to certain provisions. These changes were intended to safeguard the interests of all stakeholders and ensure the standard's implementation would be fair and reasonable.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established