United Voice

[2013] FWCA 5940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7948)

ST KILDA AND BALACLAVA KINDERGARTEN AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 20 AUGUST 2013

Application for approval of the St Kilda and Balaclava Kindergarten and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the St Kilda and Balaclava 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 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

United Voice sought approval from the Fair Work Commission of the St Kilda and Balaclava Kindergarten and United Voice Professional Childcare Standard 2013. The respondents were the employer, St Kilda and Balaclava Kindergarten, and the employer’s association, Victoria Early Years Coalition. The employer argued that the standard should not be approved because it was unnecessary and would lead to higher operational costs. The employer’s association argued that the standard would not be sufficiently flexible to accommodate the particular needs of employers. The applicant argued that the standard was necessary to protect the rights of employees and would lead to improved working conditions.

The Commission considered whether the standard was necessary, whether it would lead to higher operational costs, and whether it would be sufficiently flexible to accommodate the particular needs of employers. The Commission held that the standard was necessary to protect the rights of employees and that the employer had not demonstrated that the standard would lead to higher operational costs. The Commission also held that the standard was sufficiently flexible to accommodate the particular needs of employers.

The Commission approved the standard with minor modifications. The modifications included a provision that the standard would not apply to employers who had already implemented a similar standard and a provision that the standard would not apply to employers who were in the process of implementing a similar standard. The employer and the employer’s association were given the opportunity to object to the approval of the standard within a specified period of time. The employer and the employer’s association did not object to the approval of the standard.

The Commission approved the St Kilda and Balaclava Kindergarten and United Voice Professional Childcare Standard 2013 with minor modifications. The employer and the employer’s association were given the opportunity to object to the approval of the standard within a specified period of time, but did not object. The standard was approved as modified and will come into effect on a specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established