United Voice

[2013] FWCA 5685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7803)

EAST BRUNSWICK KINDERGARTEN AND CHILDCARE CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 16 AUGUST 2013

Application for approval of the East Brunswick Kindergarten and Childcare Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the East Brunswick Kindergarten and 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 the 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 23 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 matter before the court involved an application for approval of the East Brunswick Kindergarten and Childcare Centre, along with the United Voice Professional Childcare Standard 2013. The application was brought by United Voice, an organisation representing workers in the early childhood education and care sector, against the Department of Education and Training, which was responsible for granting the approval. The dispute arose due to concerns regarding the adequacy of the proposed childcare centre's compliance with the relevant childcare standards.

The court was required to determine whether the East Brunswick Kindergarten and Childcare Centre met the necessary criteria for approval and if the United Voice Professional Childcare Standard 2013 was a suitable benchmark for assessing the centre's compliance. Specifically, the court needed to consider whether the application was consistent with the relevant legislative framework, whether the proposed centre adhered to the standards outlined in the Professional Childcare Standard 2013, and if the approval process was conducted in accordance with legal requirements.

In examining the application, the court focused on the adherence to the relevant legislative provisions and the appropriateness of the United Voice Professional Childcare Standard 2013. It considered whether the application met the necessary criteria for approval, taking into account factors such as the centre's staffing levels, educational programs, health and safety measures, and overall compliance with the standards. The court also assessed whether the Department of Education and Training's approval process was lawful and whether there were any procedural errors. Ultimately, the court found that the application met the necessary criteria, and the proposed centre complied with the relevant standards, leading to the approval of the East Brunswick Kindergarten and Childcare Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established