United Voice Summary | CaseChat AU

[2013] FWCA 5683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7809)

BRUNSWICK CRECHE AND DAY NURSERY AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 16 AUGUST 2013

Application for approval of the Brunswick Creche and Day Nursery and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brunswick Creche and Day Nursery 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 matter before the Fair Work Commission involved an application by the Brunswick Creche and Day Nursery to approve the United Voice Professional Childcare Standard 2013. The union, United Voice, sought to have the award applied to the childcare services provided by the Brunswick Creche and Day Nursery. The Commission was tasked with determining whether the award should be approved and applied to the relevant employees.

The primary legal issue before the Commission was whether the award met the criteria for approval under the Fair Work Act 2009. The Commission had to consider whether the award provided for terms and conditions of employment that were fair and reasonable, and whether it complied with the relevant legislative requirements. The Commission also had to consider whether the award would provide for improved terms and conditions for the employees, and whether it would achieve the objectives of the Fair Work Act.

The Commission found that the award met the criteria for approval. The award provided for terms and conditions of employment that were fair and reasonable, and it complied with the relevant legislative requirements. The Commission also found that the award would provide for improved terms and conditions for the employees, and that it would achieve the objectives of the Fair Work Act. The Commission approved the award, and ordered that it be applied to the employees of the Brunswick Creche and Day Nursery. The decision provides guidance for other employers and unions seeking to have awards approved and applied to their employees.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established