United Voice

[2013] FWCA 6047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7964)

CLIFTON STREET CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 22 AUGUST 2013

Application for approval of the Clifton Street 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 Clifton Street 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, a registered trade union, sought approval of the Clifton Street Children’s Centre and United Voice Professional Childcare Standard 2013. The Clifton Street Children’s Centre, a childcare service, and the Standard, a document outlining the terms and conditions of employment for employees of the Centre, were subject to the approval of the Fair Work Commission (FWC). The FWC's approval was sought as it was necessary for the Standard to be a registered agreement under the Fair Work Act 2009 (Cth). The dispute involved the standardisation of employment conditions within the childcare sector and the role of the FWC in approving such standards.

The primary legal issue before the FWC was whether the Standard constituted a 'registered agreement' under the Fair Work Act. This required the FWC to determine if the Standard met the necessary criteria, including the requirement that it provide for the terms and conditions of employment of employees of the Clifton Street Children’s Centre. Another significant issue was whether the Standard was consistent with the Fair Work Act’s objectives and principles, particularly in relation to the protection of employees’ rights and interests. The FWC also had to consider whether the Standard adequately provided for the fair resolution of workplace disputes.

The FWC found that the Standard met the criteria for a registered agreement under the Fair Work Act. It held that the Standard provided for the terms and conditions of employment of the Centre’s employees, and was consistent with the Act's objectives and principles. The FWC was satisfied that the Standard provided for the fair resolution of workplace disputes, including through the establishment of a dispute resolution procedure. The FWC approved the Standard, finding that it was in the best interests of the employees of the Clifton Street Children’s Centre.

The FWC also approved the Clifton Street Children’s Centre as a workplace for the purposes of the Standard. It found that the Centre met the definition of a workplace under the Fair Work Act, and that the Standard would apply to employees of the Centre. The FWC considered that the approval of the Standard and the Centre would promote the Act's objectives of facilitating high standards of employment and promoting high levels of economic and social performance. The FWC's decision was that the Clifton Street Children’s Centre and United Voice Professional Childcare Standard 2013 be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established