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[2013] FWCA 5702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7818)

KIDS ON THE AVENUE CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 16 AUGUST 2013

Application for approval of the Kids on the Avenue Children’s Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kids on the Avenue Children’s 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 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

In the case before the Fair Work Commission, the applicant, Kids on the Avenue Children’s Centre, sought approval of the United Voice Professional Childcare Standard 2013. The respondent, United Voice, contested the application on the basis that the standard was not sufficiently representative of the workforce in question and did not meet the criteria set out in the Fair Work Act. The Commission was required to determine whether the standard met the necessary requirements for approval and if it could be applied to the Centre’s employees.

The central issue before the Commission was whether the United Voice Professional Childcare Standard 2013 was sufficiently representative of the workforce at Kids on the Avenue Children’s Centre. The Commission considered the definition of "relevant workforce" and the requirements for the approval of an award under the Fair Work Act. The Commission also had to assess whether the standard met the threshold criteria for being a modern award and whether it was consistent with the objects of the Fair Work Act.

The Commission found that the standard was sufficiently representative of the workforce, meeting the threshold criteria for approval. The Commission noted that the standard was developed with input from relevant industry stakeholders and had undergone a consultation process. The Commission also found that the standard was consistent with the objects of the Fair Work Act, including promoting higher wages and better working conditions. The Commission approved the application and authorised the standard to apply to the Centre’s employees.

In light of the above, the Fair Work Commission approved the application and authorised the United Voice Professional Childcare Standard 2013 to apply to the employees of Kids on the Avenue Children’s Centre. The Commission’s decision was based on the finding that the standard met the necessary requirements for approval and was consistent with the objects of the Fair Work Act. The decision provides clarity for employers and employees in the childcare industry and sets a precedent for the approval of similar standards in the future.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established