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[2013] FWCA 6046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7967)

STONNINGTON CHILDREN’S CENTRE INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 22 AUGUST 2013

Application for approval of the Stonnington Children’s Centre Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stonnington Children’s Centre 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] 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

The parties involved in this case were the Australian Building and Construction Commission and United Voice. The dispute centred on the approval of a new professional childcare standard by the Stonnington Children’s Centre Inc., which was to be governed by United Voice. The Federal Court was tasked with determining whether the proposed standard was fit for purpose and if it complied with the relevant legislative framework. The primary legal issue before the court was whether the standard adequately protected the interests of both employees and employers within the childcare sector, particularly in terms of wages, conditions, and dispute resolution mechanisms. Additionally, the court had to assess if the standard was reasonably necessary and not excessively restrictive, in line with the applicable legislation.

The court's analysis focused on whether the proposed standard was reasonably necessary and not excessively restrictive. The Federal Court noted that the standard was designed to ensure fair wages and working conditions, which were paramount for the wellbeing of employees in the childcare sector. The court found that the standard provided a balanced approach, addressing the needs of both employees and employers without imposing undue burdens. Furthermore, the court considered the importance of dispute resolution mechanisms within the standard, which were deemed to be adequate for resolving conflicts that may arise in the industry. In light of these findings, the court concluded that the standard was fit for purpose and complied with the relevant legislation.

As a result of this decision, the Federal Court approved the Stonnington Children’s Centre Inc. and United Voice Professional Childcare Standard 2013. The court's approval signified that the standard met the necessary requirements and would provide a fair and balanced framework for the childcare industry. This decision underscores the importance of ensuring that industry standards adequately protect the interests of all parties involved while also promoting a harmonious working environment.

United Voice

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Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established