United Voice

[2013] FWCA 5710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7575)

JOHN ST CHILDHOOD CO-OPERATIVE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 15 AUGUST 2013

Application for approval of the John St Childhood Co-operative and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the John St Childhood Co-operative 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 an application by United Voice for the approval of the John St Childhood Co-operative and the United Voice Professional Childcare Standard 2013. The application was made to the Fair Work Commission under the Fair Work Act 2009. The applicants sought to have the standard approved as a safety net award to govern the employment conditions of childcare employees in the professional childcare sector.

The central legal issues before the Commission were whether the proposed standard met the statutory criteria for approval as a safety net award. This included assessing whether the standard provided a minimum safety net for employees, whether it complied with the relevant legislative provisions, and whether it was appropriate to approve the standard in the circumstances. The Commission needed to determine if the standard met the legislative requirements for a safety net award, including whether it provided minimum terms and conditions of employment that were not less favourable than the general law, and whether it was consistent with the objects of the Fair Work Act.

The Commission found that the proposed standard met the statutory criteria for approval as a safety net award. It was determined that the standard provided a comprehensive set of minimum terms and conditions for employees in the professional childcare sector, which were not less favourable than the general law. The Commission also found that the standard was consistent with the objects of the Fair Work Act, including promoting harmonious, productive and cooperative workplace relations. The Commission approved the standard as a safety net award, effective from the date of the decision.

The Commission made orders approving the John St Childhood Co-operative and the United Voice Professional Childcare Standard 2013 as a safety net award. The standard was approved with effect from the date of the decision, and the Commission directed that the standard be registered with the Registry of Approved Awards. The decision provided clarity for employers and employees in the professional childcare sector regarding the minimum terms and conditions of employment that apply to them.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established