United Voice

[2013] FWCA 5713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7578)

RALEIGH ST CHILD CARE INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 15 AUGUST 2013

Application for approval of the Raleigh St Child Care Inc. and United Voice Professional Childcare Standard 2013: A Workplace Agreement for Staff in Victoria Early Childhood Education and Care.

[1] An application has been made for approval of an enterprise agreement known the Raleigh St Child Care 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 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

The case involved a dispute between the Raleigh St Child Care Incorporated and United Voice, a registered trade union. The crux of the disagreement was the approval of a workplace agreement, specifically the Raleigh St Child Care Inc. and United Voice Professional Childcare Standard 2013, which was intended to govern staff working within the early childhood education and care sector in Victoria. This application for approval was brought before the Fair Work Commission.

The primary legal issue for the court was to determine whether the proposed agreement met the necessary requirements under the Fair Work Act 2009, particularly in terms of its compliance with the Fair Work Act's standards and the extent to which it was likely to facilitate the improvement of workplace relations. Additionally, the court had to examine whether the agreement adhered to the principles of good faith bargaining and if it was fair and reasonable for the employees covered by the agreement.

The Fair Work Commission found that the agreement did meet the criteria for approval. The court was satisfied that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, including promoting a cooperative workplace environment and ensuring that employees were treated fairly. Furthermore, the court found that the agreement was the product of good faith bargaining and that it was fair and reasonable for the employees. The commission noted the comprehensive nature of the agreement, which covered various aspects of employment, including wages, working conditions, and dispute resolution mechanisms, which were deemed to be balanced and just.

As a result of the findings, the Fair Work Commission approved the workplace agreement. This decision allowed the Raleigh St Child Care Inc. and United Voice Professional Childcare Standard 2013 to be implemented, thereby providing a framework for the employment conditions and relations within the specified sector in Victoria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established