United Voice Summary | CaseChat AU

[2013] FWCA 6040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7970)

KNOX CHILDCARE AND KINDERGARTEN AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 22 AUGUST 2013

Application for approval of the Knox Childcare and Kindergarten and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Knox Childcare and Kindergarten 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 applicant, United Voice, sought approval for the Knox Childcare and Kindergarten and United Voice Professional Childcare Standard 2013, which aimed to establish new industry standards for the childcare sector. The applicant argued that these standards were necessary to improve the quality of care and working conditions for childcare workers in the region. The decision was brought before the Fair Work Commission, which had to determine whether the standards met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed standards complied with the statutory requirements for approval. This involved examining whether the standards were genuinely intended to improve the working conditions and quality of care for children in the Knox region and if they adhered to the relevant provisions of the Fair Work Act. The Commission had to ensure that the standards were not overly prescriptive and did not unduly restrict the operation of businesses.

The Commission found that the standards met the necessary criteria for approval. It was satisfied that the standards were genuinely intended to improve the working conditions and quality of care for children in the Knox region. The Commission also found that the standards were not overly prescriptive and did not unduly restrict the operation of businesses. Therefore, the Commission approved the Knox Childcare and Kindergarten and United Voice Professional Childcare Standard 2013.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established