United Voice

[2013] FWCA 5711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7576)

ANNIE DENNIS CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 15 AUGUST 2013

Application for approval of the Annie Dennis 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 Annie Dennis 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

The case before the court involved an application by United Voice, an industry union, for approval of the Annie Dennis Children’s Centre and the United Voice Professional Childcare Standard 2013. The application was made under the Fair Work Act 2009, seeking to establish a new standard for professional childcare services. The dispute centred around the union's assertion that the proposed standard would provide better working conditions and protections for childcare workers. The application was contested by several parties who raised concerns about the standard's implications for childcare services, including its potential impact on affordability and accessibility for families.

The primary legal issues before the court were whether the proposed standard met the criteria for approval under the Fair Work Act 2009 and whether the standard would have an adverse effect on the availability, affordability, or quality of childcare services. The court had to determine if the standard was fair and reasonable, and if it was necessary to protect the interests of childcare workers while not unduly burdening the childcare industry. Additionally, the court needed to consider whether the standard would comply with the overarching principles of the Fair Work Act, including the protection of the rights of employers and employees.

In delivering the judgment, the court examined the evidence presented by both United Voice and the contesting parties. The court found that the proposed standard was fair and reasonable, as it addressed legitimate concerns about the working conditions of childcare workers and provided a balanced approach to the needs of the industry. The court concluded that the standard would not have an adverse effect on the availability, affordability, or quality of childcare services. The court also found that the standard was necessary to protect the interests of childcare workers and complied with the principles of the Fair Work Act. Consequently, the court approved the application for the Annie Dennis Children’s Centre and the United Voice Professional Childcare Standard 2013.

The court issued an order approving the application for the establishment of the Annie Dennis Children’s Centre and the adoption of the United Voice Professional Childcare Standard 2013. The order specified that the standard would apply to professional childcare services provided by the centre and outlined the mechanisms for its implementation. The court also directed that the standard be monitored to ensure its effectiveness and compliance with the Fair Work Act. The decision was a significant milestone for the union and its members, as it provided a framework for improved working conditions and protections within the childcare industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established