United Voice

[2013] FWCA 5704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7567)

CLARE COURT CHILDREN’S SERVICE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 15 AUGUST 2013

Application for approval of the Clare Court Children’s Service and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Clare Court Children’s Service 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 applicant, United Voice, sought approval of the Clare Court Children’s Service and the United Voice Professional Childcare Standard 2013 from the Fair Work Commission. The dispute arose from an application to the Commission to approve an industrial instrument concerning the terms and conditions of employment for employees of Clare Court Children’s Service. United Voice, as the applicant, argued that the proposed standard would appropriately regulate the employment conditions of workers in the childcare sector. The Fair Work Commission was required to determine whether the proposed standard met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the proposed standard adhered to the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to determine whether the standard provided appropriate and fair terms and conditions for employees and whether it was consistent with the objects of the Fair Work Act. The Commission also had to consider whether the standard was necessary and appropriate to regulate the employment conditions in the childcare sector.

In deciding the application, the Commission examined the proposed standard in detail, considering its content, purpose, and the need for such a standard in the childcare industry. The Commission found that the proposed standard was consistent with the objects of the Fair Work Act and provided appropriate terms and conditions for employees. It was deemed necessary and appropriate to regulate the employment conditions within the childcare sector, thereby meeting the criteria for approval. The Commission approved the Clare Court Children’s Service and the United Voice Professional Childcare Standard 2013, recognising its role in ensuring fair and balanced terms and conditions for employees in this sector.

The Fair Work Commission approved the Clare Court Children’s Service and the United Voice Professional Childcare Standard 2013, effective from the date of the decision. The approval was based on the findings that the standard was necessary, appropriate, and in line with the objectives of the Fair Work Act, providing fair and balanced terms and conditions for employees in the childcare sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established