United Voice Summary | CaseChat AU

[2013] FWCA 6042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7969)

EAST MELBOURNE CHILD CARE CO-OPERATIVE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 22 AUGUST 2013

Application for approval of the East Melbourne Child Care Co-operative and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the East Melbourne Child Care Co-operative 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 matter before the Fair Work Commission involved an application by United Voice for approval of the East Melbourne Child Care Co-operative and United Voice Professional Childcare Standard 2013. The applicant sought to have the standard approved as a safety net award under the Fair Work Act 2009, aiming to provide a minimum safety net of entitlements, rights, and benefits for employees within the professional childcare sector in Melbourne's east. The primary legal issue was whether the proposed standard met the statutory criteria for approval, specifically whether it provided a safety net for employees, did not discriminate on prohibited grounds, and was not inconsistent with any Commonwealth law.

The Commission considered whether the standard adequately covered the essential terms and conditions for the professional childcare sector, ensuring a fair and reasonable minimum safety net for employees. It examined the standard's provisions against the legislative requirements, focusing on its compliance with the principles of fairness, effectiveness, and proportionality. The Commission also assessed whether the standard's provisions were necessary and appropriate for achieving the intended safety net, and if they did not impose undue burdens on employers.

Upon review, the Fair Work Commission found that the proposed standard met the statutory criteria for approval. The standard was deemed to provide a fair and reasonable minimum safety net of entitlements, rights, and benefits for employees within the professional childcare sector. It did not discriminate on prohibited grounds and was consistent with applicable Commonwealth laws. Consequently, the Commission approved the standard as a safety net award, effective from the date of the decision. The approval ensures that employees in the professional childcare sector in Melbourne's east will benefit from a set of minimum terms and conditions, enhancing their working conditions and protections.

United Voice

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Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established