United Voice

[2013] FWCA 5188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7614)

WILLETTON PLAY AND LEARN CENTRE PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children’s services
DEPUTY PRESIDENT MCCARTHY	PERTH, 31 JULY 2013

Application for approval of the Willetton Play and Learn Centre Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Willetton Play and Learn Centre Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of United Voice, the Fair Work Commission (FWC) was tasked with approving the Willetton Play and Learn Centre Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013. The parties involved were United Voice, an employer association, and the Willetton Play and Learn Centre, which sought to implement these standards. The dispute centred around whether the proposed standards and agreement complied with the Fair Work Act 2009 and aligned with the existing enterprise agreement. The Commission had to determine if the standards would lead to an improvement in the working conditions of the employees and if the agreement was fair and reasonable.

The primary legal issue before the Commission was whether the proposed standards and enterprise agreement would result in an improvement in the working conditions of the employees, and if so, whether they complied with the relevant legislative provisions. The Commission needed to consider the implications of the proposed standards and agreement on the employees' working conditions, the alignment of these with the existing enterprise agreement, and whether the agreement was fair and reasonable. Additionally, the Commission had to assess whether the proposed standards and agreement met the requirements of the Fair Work Act 2009.

In reaching its decision, the Commission considered various factors, including the potential benefits of the proposed standards and agreement to the employees' working conditions, the alignment with the existing enterprise agreement, and the fairness and reasonableness of the agreement. The Commission found that the proposed standards and agreement would result in an improvement in the working conditions of the employees and were consistent with the relevant legislative provisions. The Commission also found that the agreement was fair and reasonable, and thus approved the Willetton Play and Learn Centre Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013. The Commission's decision was based on a comprehensive analysis of the evidence and arguments presented by both parties, and it ultimately concluded that the proposed standards and agreement were in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established