United Voice Summary | CaseChat AU

[2013] FWCA 5189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7637)

RIVERLINKS CHILDCARE AND COMMUNITY 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 Riverlinks Childcare and Community 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 Riverlinks Childcare and Community 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 matter of United Voice, the Fair Work Commission (FWC) considered an application by the Riverlinks Childcare and Community Centre for approval of its Professional Early Childhood Education Care Standards, as well as its Enterprise Agreement 2013. The applicant sought the FWC's approval to ensure compliance with the Fair Work Act 2009. The legal issues before the Commission included whether the proposed standards and enterprise agreement were consistent with the Act and whether they met the necessary criteria for approval. Additionally, the FWC had to consider the implications of the agreement on the rights and obligations of employees and employers under the Act.

The FWC carefully examined the content of the proposed standards and enterprise agreement. It assessed whether the standards met the required quality benchmarks and whether the agreement provided adequate protections and benefits for employees. The Commission also considered submissions from relevant parties, including the applicant and other stakeholders. After thorough deliberation, the FWC determined that the proposed standards and enterprise agreement were consistent with the requirements of the Fair Work Act. The Commission concluded that the standards met the necessary quality criteria and that the agreement provided fair terms for both employees and employers. The FWC approved the application, finding that it met the statutory requirements and would promote harmonious workplace relations.

The Fair Work Commission granted the application for approval of the Riverlinks Childcare and Community Centre Professional Early Childhood Education Care Standards and the Enterprise Agreement 2013. The Commission found that both the standards and the agreement were consistent with the provisions of the Fair Work Act. The decision ensures that the centre can implement its proposed standards and agreement, subject to the terms approved by the FWC. This outcome provides clarity and legal certainty for the parties involved, facilitating the operation of the childcare centre in accordance with the approved standards and enterprise agreement.

United Voice

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