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[2013] FWCA 5700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7813)

RICHMOND CRECHE AND KINDERGARTEN INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 16 AUGUST 2013

Application for approval of the Richmond Creche and Kindergarten Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Richmond Creche and Kindergarten 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 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

Richmond Creche and Kindergarten Inc. sought approval of their Professional Childcare Standard 2013, which was objected to by United Voice, a union representing early childhood educators. The dispute came before the Fair Work Commission in Australia. The crux of the legal issues was whether the standard was fair and reasonable under the Fair Work Act 2009. The court needed to determine if the standard appropriately balanced the rights of employers and employees, particularly in terms of wages, conditions, and dispute resolution.

The Commission examined the standard against benchmarks of fairness, equity, and reasonableness. It considered the nature of the childcare industry and the specific roles of early childhood educators. The court found that the standard provided adequate safeguards for employees, including provisions for minimum wages, reasonable hours, and a structured process for resolving disputes. It also noted that the standard did not unduly restrict the flexibility required in the childcare environment. Consequently, the Commission approved the standard, finding it to be fair and reasonable.

The Commission's decision was grounded in the need to maintain a balance between the operational needs of childcare providers and the rights of educators. By approving the standard, the Commission upheld the importance of providing a fair working environment while also recognising the unique demands of the industry. The court's ruling ensured that both parties could operate within a legally compliant framework that supported the delivery of high-quality childcare services.

The final orders included the approval of Richmond Creche and Kindergarten Inc.'s Professional Childcare Standard 2013, with the condition that any future amendments must also meet the standards of fairness and reasonableness as outlined by the Fair Work Act 2009. This decision provided clarity and certainty for both the Creche and United Voice, allowing them to proceed with confidence in their respective roles within the industry.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established