United Voice Summary | CaseChat AU

[2013] FWCA 5684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7804)

EAST WEST CHILDCARE ASSOCIATION AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 16 AUGUST 2013

Application for approval of the East West Childcare Association and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the East West Childcare Association 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

In the case, United Voice sought approval for the East West Childcare Association and United Voice Professional Childcare Standard 2013 from the Fair Work Commission. The application was made under the Fair Work Act 2009, which allows for the creation of industry-specific standards to govern employment practices. The primary dispute centred on whether the proposed standard would appropriately balance the interests of employers, employees, and the broader childcare industry.

The legal issues before the Commission were multifaceted, encompassing whether the standard was necessary, whether it adhered to the statutory framework, and whether it was fair and reasonable. The Commission had to evaluate if the standard was designed to improve working conditions and resolve industrial disputes within the childcare sector. It also needed to determine if the standard's provisions were consistent with the overarching principles of the Fair Work Act.

The Commission found that the proposed standard was necessary and appropriately designed to address specific issues within the childcare industry. It determined that the standard adhered to the statutory framework and was fair and reasonable. The Commission was satisfied that the standard would improve working conditions and provide a framework for resolving disputes, thus advancing the interests of all stakeholders. The decision was grounded in the Commission's thorough analysis of the evidence and submissions presented by the parties. Consequently, the Commission approved the East West Childcare Association and United Voice Professional Childcare Standard 2013.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established