United Voice Summary | CaseChat AU

[2013] FWCA 5689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7810)

FRIENDSHIP SQUARE CHILDCARE CENTRE ASSOCIATION INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 16 AUGUST 2013

Application for approval of the Friendship Square Childcare Centre Association Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Friendship Square Childcare Centre Association 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 parties involved in this case are the Friendship Square Childcare Centre Association Inc. and United Voice, who are seeking approval of the United Voice Professional Childcare Standard 2013. This legal matter was heard in the Fair Work Commission, which is responsible for the administration of the Fair Work Act 2009. The primary issue before the court was whether the standard, which was intended to govern the employment conditions of childcare workers, complied with the relevant legislative framework.

The court needed to determine if the standard met the requirements set forth in section 235 of the Fair Work Act, which mandates that any registered organisation seeking to have a standard approved must demonstrate that the standard promotes harmonious, productive, and cooperative workplace relations, and is consistent with public policy. The court also had to consider whether the standard was necessary and appropriate for the industry it was intended to cover, and if it was fair and reasonable for the workers within that industry.

The Fair Work Commission found that the standard met the necessary criteria. It was noted that the standard was developed in consultation with relevant industry stakeholders, including employers and employees, and was designed to ensure fair and reasonable terms and conditions for childcare workers. The commission held that the standard promoted harmonious, productive, and cooperative workplace relations and was consistent with public policy. Furthermore, the standard was deemed to be necessary and appropriate for the childcare industry, and was fair and reasonable for the workers within that industry. Based on these findings, the court approved the United Voice Professional Childcare Standard 2013.

As a result of the court's decision, the Friendship Square Childcare Centre Association Inc. and United Voice are now able to apply the approved standard to the employment conditions of childcare workers within their organisation. This decision will help ensure that these workers receive fair and reasonable terms and conditions, while also promoting harmonious and productive workplace relations within the childcare 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