United Voice Summary | CaseChat AU

[2013] FWCA 6049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7963)

PERRY STREET CHILDCARE CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 22 AUGUST 2013

Application for approval of the Perry Street Childcare Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Perry Street Childcare 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 case of United Voice, the applicant sought approval for the Perry Street Childcare Centre and the adoption of the United Voice Professional Childcare Standard 2013. The application was brought before the Fair Work Commission, the industrial relations tribunal of Australia. The respondent, United Voice, contested the application on the grounds that it would result in adverse industrial consequences and undermine the rights of employees.

The primary legal issues the Commission had to resolve involved whether the proposed standards and approval for the childcare centre were in compliance with relevant legislation and regulations. Specifically, the Commission needed to consider if the standards aligned with the Fair Work Act 2009 and if the approval process adhered to the necessary legislative requirements. Furthermore, the Commission had to assess the potential industrial impact of the proposed standards and approval on the workforce and the broader industry.

The Fair Work Commission, after thorough examination of the application and submissions, found that the proposed standards and approval for the Perry Street Childcare Centre were consistent with the Fair Work Act 2009. The Commission concluded that the standards would not lead to adverse industrial consequences and that they properly safeguarded the rights of employees. Consequently, the Commission approved the application, endorsing the standards and the approval for the childcare centre.

No additional orders were made by the Commission beyond the approval of the Perry Street Childcare Centre and the adoption of the 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