United Voice Summary | CaseChat AU

[2013] FWCA 5709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7574)

CHURCH ST CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 15 AUGUST 2013

Application for approval of the Church St 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 Church St 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 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 22 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

United Voice, as the applicant, sought approval of the Church St Children’s Centre and United Voice Professional Childcare Standard 2013. The dispute centred around the conditions under which the centre would operate and the standards to be implemented for childcare services. The Fair Work Commission, which had jurisdiction over such applications, was the tribunal before which the matter was heard.

The key legal issues before the Commission were whether the proposed standards were fair and reasonable, and if they aligned with the relevant legislative frameworks and industrial agreements. Additionally, the Commission had to consider the impact of the standards on the workforce, particularly in terms of working conditions and employment rights.

In its decision, the Fair Work Commission thoroughly examined the proposed standards against the relevant laws and agreements. It considered submissions from both the applicant and other interested parties. The Commission concluded that the standards were fair and reasonable and did not unduly disadvantage the workforce. It was satisfied that the standards were consistent with the legislative requirements and industrial instruments. Consequently, the Commission approved the application and the proposed standards.

The Fair Work Commission's final order was the approval of the Church St Children’s Centre and United Voice Professional Childcare Standard 2013, subject to the terms and conditions outlined in the decision. This approval was effective from the date of the decision, allowing the centre to operate under the specified standards.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established