United Voice

[2013] FWCA 5712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7577)

RICHMOND MULTICULTURAL CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 15 AUGUST 2013

Application for approval of the Richmond Multicultural 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 Richmond Multicultural 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 applicants, United Voice and Richmond Multicultural Children’s Centre, sought approval for the United Voice Professional Childcare Standard 2013 under the Fair Work Act 2009. The applicants argued that the standard would improve the professional development of employees and increase the quality of childcare services. The respondent, the Australian Education, Union, opposed the application on the grounds that the standard would not achieve its intended purpose and would unduly limit the bargaining rights of employees.

The central issue before the court was whether the proposed standard met the criteria for approval under the Fair Work Act. The court had to consider whether the standard had the potential to improve the professional development of employees, enhance the quality of childcare services, and whether it was consistent with the purpose of the Fair Work Act. The court also needed to assess whether the standard would unduly limit the bargaining rights of employees.

The court found that the proposed standard had the potential to improve the professional development of employees and enhance the quality of childcare services. The court noted that the standard included provisions for ongoing training and development, as well as a focus on child-centred care. The court also found that the standard was consistent with the purpose of the Fair Work Act, which was to create a fair and flexible workplace relations system that promoted economic prosperity and social inclusion. The court rejected the argument that the standard would unduly limit the bargaining rights of employees, finding that it provided a framework for ongoing consultation and negotiation between employers and employees.

The court approved the application for the United Voice Professional Childcare Standard 2013. The court found that the standard met the criteria for approval under the Fair Work Act and had the potential to improve the professional development of employees and enhance the quality of childcare services. The court also found that the standard was consistent with the purpose of the Fair Work Act and did not unduly limit the bargaining rights of employees. The court's decision provides clarity for employers and employees in the childcare industry and ensures that the standard is consistent with the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established