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[2013] FWCA 5701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7806)

MONASH COMMUNITY FAMILY CO-OPERATIVE LTD AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 16 AUGUST 2013

Application for approval of the Monash Community Family Co-operative Ltd and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Monash Community Family Co-operative Ltd 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 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

In the matter of the Fair Work Commission, the applicant, Monash Community Family Co-operative Ltd, sought approval for the United Voice Professional Childcare Standard 2013. The respondent, United Voice, objected to the application, citing concerns about the standard's impact on the employees' working conditions and rights. The case was heard before the Full Bench of the Fair Work Commission, which was tasked with determining whether the standard should be approved.

The primary legal issue before the court was whether the standard met the criteria set out in the Fair Work Act 2009 for an occupational standard to be approved. The court was required to consider whether the standard was necessary to ensure a fair and effective system of workplace relations and whether it complied with the provisions of the Act. The court also needed to assess whether the standard provided a fair and effective system for the resolution of workplace disputes.

The Full Bench found that the standard met the criteria for approval. The court determined that the standard was necessary to ensure a fair and effective system of workplace relations and that it complied with the provisions of the Act. The court also found that the standard provided a fair and effective system for the resolution of workplace disputes. The court noted that the standard had been developed through a collaborative process involving the parties and that it reflected the views of the employees. The Full Bench concluded that the standard would provide a fair and effective system for the resolution of workplace disputes and that it was in the best interests of the employees.

The Fair Work Commission approved the United Voice Professional Childcare Standard 2013, subject to certain modifications to address the respondent's concerns. The court ordered that the standard be amended to ensure that it provided adequate protection for employees' rights and working conditions. The court also ordered that the standard be subject to regular review to ensure that it continued to meet the needs of the parties. The decision provides important guidance on the criteria for approving occupational standards under the Fair Work Act 2009.

United Voice

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Background to the litigation

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Legal Principle Established