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[2013] FWCA 6051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7965)

DAWSON STREET CHILD CARE CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 22 AUGUST 2013

Application for approval of the Dawson Street 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 Dawson Street 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] 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

In the recent case, the Dawson Street Child Care Centre sought approval for their proposed childcare centre, which was opposed by United Voice. The dispute came before the Fair Work Commission, tasked with determining the appropriateness of the proposed professional childcare standard. The case centred on whether the centre's proposed conditions for employment were fair and reasonable under the relevant legislative framework.

The central legal issue was whether the proposed standard, which was different from the existing United Voice Professional Childcare Standard 2013, met the requirements for approval. This required the Commission to assess the proposed standard against various criteria, including whether it was consistent with the principles of enterprise agreements and whether it provided fair and reasonable terms and conditions for employees. The Commission also had to consider whether the proposed standard adequately protected the interests of both employers and employees.

In its decision, the Commission examined the specifics of the proposed standard, comparing it against the existing standard and other relevant industry benchmarks. The Commission concluded that the proposed standard was fair and reasonable, noting that it provided for appropriate terms and conditions that were consistent with broader industry practices. The Commission found that the proposed standard adequately balanced the interests of both employers and employees, thereby meeting the necessary criteria for approval. The Commission ultimately approved the proposed standard, allowing the centre to proceed with its plans for the childcare facility.

As a result of the decision, the Fair Work Commission granted approval for the Dawson Street Child Care Centre to implement the United Voice Professional Childcare Standard 2013. This decision allows the centre to move forward with its project, subject to compliance with the approved standard.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established