United Voice Summary | CaseChat AU

[2013] FWCA 5699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7823)

NORFOLK STREET CHILD CARE CENTRE ASSOCIATION INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 16 AUGUST 2013

Application for approval of the Norfolk Street Child Care 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 Norfolk Street Child Care 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 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 involved an application by United Voice, a trade union, for the approval of the Norfolk Street Child Care Centre Association Inc. and United Voice Professional Childcare Standard 2013. The matter was heard in the Fair Work Commission (FWC), an independent statutory body with jurisdiction to resolve workplace disputes. The primary issue before the Commission was whether the proposed industrial instrument should be approved under the Fair Work Act 2009. This required consideration of whether the standard met the criteria set out in the Act, including whether it was in the best interests of the employees it was intended to cover.

The FWC considered the purpose and effect of the proposed standard, including its potential impact on the workforce and the employer. The Commission also examined whether the standard provided for appropriate mechanisms for resolving disputes and whether it was consistent with the broader objectives of the Fair Work Act. In reaching its decision, the FWC had to balance the interests of the employees, the employer, and the broader community. Ultimately, the Commission found that the proposed standard met the criteria for approval and was in the best interests of the employees it was intended to cover. The Commission noted that the standard provided for appropriate mechanisms for resolving disputes and that it was consistent with the broader objectives of the Act.

The FWC approved the Norfolk Street Child Care Centre Association Inc. and United Voice Professional Childcare Standard 2013, subject to certain conditions. These conditions included a requirement for the parties to review the standard within two years of its approval and to report to the Commission on its operation. The Commission also imposed certain reporting requirements on the parties to ensure that the standard was being properly implemented and that any issues that arose were promptly addressed. The decision provides important guidance for employers and unions seeking to negotiate and implement industry-wide agreements in the childcare sector. It also highlights the importance of balancing the interests of all parties when approving such agreements.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established