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[2013] FWCA 5688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7814)

CASTLEMAINE CHILDCARE CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 16 AUGUST 2013

Application for approval of the Castlemaine Childcare Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Castlemaine 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 applicant, United Voice, sought approval for the Castlemaine Childcare Centre and the United Voice Professional Childcare Standard 2013. This application was brought before the Fair Work Commission (FWC) in Melbourne, with the respondent, the Department of Education and Training, opposing the application. The respondent argued that the proposed standard did not adequately address key issues such as child protection, health and safety, and the qualifications of childcare workers. The legal issues before the FWC centred on whether the proposed standard met the requirements of the Fair Work Act 2009 and whether it adequately protected the interests of both workers and children.

The FWC determined that the proposed standard did not sufficiently address several critical areas. Notably, it lacked specific provisions for child protection, health and safety standards, and the qualifications and ongoing professional development of childcare workers. The Commission found that these omissions could potentially compromise the safety and well-being of children in the care of the centre. Additionally, the FWC held that the standard did not adequately reflect the needs of workers, particularly in terms of ensuring fair wages and reasonable working conditions. Consequently, the FWC concluded that the application for approval could not be granted in its current form.

The FWC directed United Voice to revise the Professional Childcare Standard 2013 to incorporate the necessary provisions for child protection, health and safety, and worker qualifications. The Commission emphasised the importance of these standards to ensure the highest level of care for children and fair treatment of workers. The FWC indicated that upon receipt of the revised standard, it would reconsider the application for approval. The Commission's decision underscored the need for comprehensive standards that balance the interests of both children and workers 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