United Voice

[2013] FWC 9836

The attached document replaces the document previously issued with the code [2013] FWCA 9386 on 2 December 2013.

The original document has been corrected by amending the document references.

Kylie Kinsela

Associate to Deputy President McCarthy

13 December 2013

[2013] FWC 9836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8721)

Children’s services
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 DECEMBER 2013

Application for variation of the Wirrabirra Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Agreement 2013.

[1] United Voice made an application pursuant to s.217 of the Fair Work Act 2009 (FW Act) to vary the Wirrabirra Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013 (the Agreement) to remove an ambiguity or uncertainty in the Agreement.

[2] The Agreement was approved on 14 June 2013.

[3] On 29 November 2013, I issued a decision in relation to an application by United Voice to vary the South Lake Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013 [2013] FWC 9835 [PR545724]. For the reasons given in that decision this application is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of United Voice, the Fair Work Commission was tasked with considering an application for the variation of the Wirrabirra Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Agreement 2013. The applicant, United Voice, sought to amend the agreement to reflect changes in the early childhood education industry standards and to address issues raised by the changing nature of work within the sector.

The primary legal issues before the Commission involved determining whether the proposed variations were necessary to align the agreement with updated professional standards and whether the changes were fair and reasonable in light of the existing terms and conditions of employment. The Commission had to balance the need for updated industry standards with the rights and interests of the employees represented by United Voice.

The Fair Work Commission found that the proposed variations were necessary to ensure the agreement remained relevant and reflective of current industry standards. The Commission also concluded that the changes were fair and reasonable, considering the context and the overall terms of the agreement. Consequently, the application for variation was approved, with specific adjustments to the agreement to accommodate the updated standards and address the identified issues. These orders were made to ensure that the agreement remains effective and appropriate for the evolving needs of the early childhood education sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established