United Voice

[2013] FWCA 5708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7573)

DAREBIN CHILDCARE AND KINDERGARTEN INC. AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 15 AUGUST 2013

Application for approval of the Darebin Childcare and Kindergarten Inc. and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Darebin Childcare and Kindergarten Inc. 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 Fair Work Commission involved an application for the approval of an enterprise agreement between Darebin Childcare and Kindergarten Inc. and United Voice, a union representing employees within the professional childcare sector. The primary dispute centred on the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The legal issues at the heart of the matter revolved around whether the proposed agreement complied with the Fair Work Act 2009, specifically concerning the provisions for employee rights, working conditions, and procedural fairness. The Commission also had to assess whether the agreement was in the best interests of the employees and whether it appropriately balanced the interests of both the employer and the union. The core challenge was ensuring the agreement adhered to the statutory requirements for employee protection and procedural fairness while reflecting the negotiated terms between the parties.

In reaching its decision, the Fair Work Commission considered various factors, including the bargaining process, the content of the agreement, and the impact on employees. The Commission found that the agreement substantially met the requirements of the Fair Work Act, addressing employee rights and working conditions adequately. It was noted that the agreement had been negotiated in good faith and that the procedural fairness was maintained throughout. The Commission concluded that the agreement was in the best interests of the employees and appropriately balanced the interests of both parties, thus granting the application for approval.

The final orders of the Fair Work Commission were that the Darebin Childcare and Kindergarten Inc. and United Voice Professional Childcare Standard 2013 be approved, effective from the date of the decision. The agreement was to be registered and enforceable under the Fair Work Act, ensuring that the terms and conditions outlined would govern the employment relationship between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established