United Voice Summary | CaseChat AU

[2013] FWCA 5939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7952)

MONASH CHILDREN’S CENTRE CLAYTON CO-OPERATIVE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 20 AUGUST 2013

Application for approval of the Monash Children’s Centre Clayton Co-operative and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Monash Children’s Centre Clayton 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 27 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 Monash Children’s Centre Clayton Co-operative and the United Voice Professional Childcare Standard 2013. The dispute arose under the Fair Work Act 2009, where the applicant aimed to have these standards recognised and implemented within the cooperative, ensuring fair and equitable working conditions for the employees.

The primary legal issue before the court was whether the proposed standards were consistent with the requirements of the Fair Work Act and whether they appropriately covered the conditions of employment for the workers in the cooperative. This involved examining the specifics of the standards to ensure they complied with the legislative framework governing industrial relations in Australia.

The court carefully reviewed the content of the proposed standards, focusing on whether they provided adequate protections and benefits for the employees, and whether they were fair and reasonable in the context of the cooperative's operations. After thorough consideration, the court found that the standards met the necessary criteria and were consistent with the provisions of the Fair Work Act. Consequently, the court approved the Monash Children’s Centre Clayton Co-operative and the United Voice Professional Childcare Standard 2013. This decision ensures that the cooperative's employees benefit from fair and equitable working conditions, as prescribed by the legislation.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established