United Voice Summary | CaseChat AU

[2013] FWCA 5924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2168)

KEYSBOROUGH COMMUNITY CHILDREN’S CENTRE INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 20 AUGUST 2013

Application for approval of the Keysborough Community Children’s Centre Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Keysborough Community Children’s Centre Inc. 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 Professional Childcare Standard 2013 was brought before the Fair Work Commission by the Keysborough Community Children’s Centre Inc. The applicant sought the Commission's approval of the standard, which was intended to establish the terms and conditions of employment for its workers. The Commission was required to consider whether the standard complied with the relevant statutory provisions and if it was fair and reasonable.

The primary legal issues the Commission had to address were whether the standard was within the scope of the Fair Work Act 2009, whether it adhered to the legislative requirements for an occupational standard, and whether the terms and conditions it proposed were fair and reasonable. The Commission needed to examine if the standard was developed in consultation with the relevant parties and if it provided for adequate protections for workers, including minimum wage rates, leave entitlements, and other employment conditions.

The Commission concluded that the standard was within the scope of the Act and met the necessary legislative criteria for an occupational standard. It was found to have been developed through appropriate consultation processes and provided fair and reasonable terms and conditions for the workers. The Commission approved the standard, noting its alignment with the objectives of the Fair Work Act to promote fair and productive workplace relations. The Commission made clear that the standard was subject to the existing protections under the Act and any applicable awards or agreements.

The Fair Work Commission approved the Keysborough Community Children’s Centre Inc. and United Voice Professional Childcare Standard 2013, subject to the existing protections under the Fair Work Act and any applicable awards or agreements. This decision ensures that the terms and conditions of employment for the workers are fair and reasonable, and it promotes productive workplace relations within the childcare sector.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established