United Voice

[2013] FWCA 5697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7824)

MERRI COMMUNITY CHILDCARE CENTRE AND KINDERGARTEN INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 16 AUGUST 2013

Application for approval of the Merri Community Childcare Centre 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 Merri Community Childcare Centre 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

The case before the Fair Work Commission involved an application by the Merri Community Childcare Centre and Kindergarten Inc. and United Voice for the approval of their professional childcare standard, specifically the United Voice Professional Childcare Standard 2013. The primary dispute centred on whether the standard, which set out minimum terms and conditions for early childhood educators, should be approved by the Commission. The application was brought under the Fair Work Act 2009, which provides for the establishment of industry standards to ensure fair and effective workplace relations.

The legal issues that the Commission had to address included whether the standard was consistent with the objects of the Fair Work Act, whether it complied with the prescribed criteria for approval, and whether it was fair and reasonable in terms of the rights and interests of the employees and employers. The Commission also had to consider whether the standard met the requirements for being a good faith bargaining tool and whether it was necessary for the protection of workers in the early childhood education sector.

The Fair Work Commission determined that the United Voice Professional Childcare Standard 2013 was consistent with the objects of the Fair Work Act and met the prescribed criteria for approval. The Commission found that the standard was fair and reasonable and served as a good faith bargaining tool. It was also necessary to protect the rights and interests of employees and employers in the early childhood education sector. The Commission approved the standard, recognising the importance of establishing minimum terms and conditions for early childhood educators to ensure their fair treatment and professional development.

The final orders of the Commission included the approval of the United Voice Professional Childcare Standard 2013, which would now apply to the Merri Community Childcare Centre and Kindergarten Inc. and other relevant employers in the early childhood education sector. This decision provided clarity and certainty for employers and employees in the industry, establishing a baseline for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established