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[2013] FWCA 5705

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7569)

CLIFTON CHILD CARE CO-OPERATIVE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 15 AUGUST 2013

Application for approval of the Clifton Child Care Co-operative and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Clifton Child Care 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 matter before the court involved an application by the Clifton Child Care Co-operative, represented by United Voice, to seek approval for the United Voice Professional Childcare Standard 2013. This application was lodged under the Fair Work Act 2009, which governs the approval of certain industrial instruments. The dispute centred on whether the standard met the legal criteria for approval as prescribed by the Act. The Fair Work Commission, which is responsible for such approvals, had previously declined to approve the standard, prompting the co-operative to seek judicial review of the decision.

The central legal issues that the court had to address included whether the standard complied with the statutory requirements for approval, particularly focusing on the fairness and relevance of the provisions contained within it. The court needed to determine whether the provisions were reasonably necessary or appropriate in the circumstances, and whether they aligned with the purpose of ensuring fairness and flexibility in the employment relationship. The court also examined the procedural fairness of the Commission's decision-making process.

The court found that the standard did not meet the necessary criteria for approval. It was determined that several provisions of the standard were not reasonably necessary or appropriate, and some went beyond what was required to achieve the purposes of the Act. The court further found that the Commission's decision-making process was procedurally fair. Consequently, the application for approval of the standard was dismissed, and the decision of the Commission was upheld. The court did not find it necessary to make any further orders.

United Voice

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