United Voice

[2013] FWCA 5686

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7808)

DAYLESFORD COMMUNITY CHILDCARE CENTRE INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 16 AUGUST 2013

Application for approval of the Daylesford Community Childcare Centre Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Daylesford Community Childcare Centre 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 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 applicants, Daylesford Community Childcare Centre Inc. and United Voice, sought approval of the United Voice Professional Childcare Standard 2013 from the Fair Work Commission (FWC). The dispute involved the standardisation of employment conditions within the childcare sector, specifically concerning the application of the standard to the applicants’ employees. The matter was heard in the Fair Work Commission, an independent statutory body with federal jurisdiction over workplace relations matters in Australia.

The central legal issues before the FWC were whether the standard proposed by United Voice met the criteria for approval under the Fair Work Act 2009, and if the application of the standard to the Daylesford Community Childcare Centre Inc. was fair and reasonable. This involved examining the standard's alignment with the objectives of the Act, including ensuring fair and reasonable terms and conditions of employment, and whether the standard would appropriately balance the interests of employers and employees.

The FWC found that the standard proposed by United Voice was consistent with the objectives of the Fair Work Act and met the criteria for approval. The Commission highlighted that the standard provided for fair and reasonable terms and conditions of employment, taking into account the specific needs and context of the childcare industry. The FWC also determined that applying the standard to the Daylesford Community Childcare Centre Inc. was fair and reasonable, given the nature of the business and the employees' roles. The Commission's decision was based on the comprehensive analysis of the standard and the evidence provided by both parties.

The Fair Work Commission approved the United Voice Professional Childcare Standard 2013, allowing it to apply to the employees of the Daylesford Community Childcare Centre Inc. This decision provides clarity and consistency in the application of employment standards within the childcare sector, ensuring that both employers and employees are afforded 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