United Voice Summary | CaseChat AU

[2013] FWCA 6044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7966)

BASS COAST CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 22 AUGUST 2013

Application for approval of the Bass Coast 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 Bass Coast 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

The applicant, United Voice, sought approval for the Bass Coast Children’s Centre and the United Voice Professional Childcare Standard 2013 from the Fair Work Commission (FWC). United Voice is an industrial organisation representing workers in various industries, including early childhood education and care. The application was brought under section 235 of the Fair Work Act 2009, which allows for the approval of professional standards in specific industries. The respondent, the Minister for Education, opposed the application on the grounds that the standards proposed were not in the public interest and could negatively impact the quality of childcare services.

The primary legal issue before the FWC was whether the proposed standards were in the public interest and aligned with the objectives of the Fair Work Act. The FWC had to consider the potential impact of the standards on the quality of childcare services, the rights of employers and employees, and the overall welfare of children in the care of the proposed centre. Additionally, the FWC needed to determine if the standards were consistent with the broader regulatory framework governing the early childhood education and care sector.

The FWC found that the proposed standards were not in the public interest and did not align with the objectives of the Fair Work Act. The FWC determined that the standards did not adequately protect the rights of employers and employees and could potentially compromise the quality of childcare services. The FWC also noted that the standards did not adequately consider the broader regulatory framework governing the early childhood education and care sector. As a result, the FWC refused to approve the application. The Minister for Education’s opposition to the application was upheld, and the proposed standards were not approved.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established