United Voice

[2013] FWCA 4888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7140)

SUDBURY COMMUNITY HOUSE ASSOCIATION INCORPORATED PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children’s services
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 JULY 2013

Application for approval of the Sudbury Community House Association Incorporated 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 Sudbury Community House Association Incorporated 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 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Sudbury Community House Association Incorporated, sought approval for a set of professional early childhood education care standards and a corresponding enterprise agreement from 2013. The respondent, United Voice, contested the application. The case was heard in the Fair Work Commission, where the applicants argued that the proposed standards and agreement would better align with the professional nature of early childhood educators. United Voice, on the other hand, contended that the proposed changes would adversely affect the rights and conditions of the employees.

The central legal issue before the Commission was whether the proposed standards and enterprise agreement would provide fair and reasonable terms for both the educators and the Association. The Commission needed to determine whether the changes aligned with the principles of the Fair Work Act and whether they adequately protected the interests of both parties. Specifically, the Commission had to consider if the standards and agreement adequately reflected the professional nature of early childhood education and if they provided a fair balance between the needs of the educators and the Association.

In its decision, the Commission found that the proposed standards and enterprise agreement were fair and reasonable. The Commission noted that the changes would better recognise the professional skills and qualifications of early childhood educators, and it determined that the agreement provided an appropriate balance between the needs of the educators and the Association. The Commission concluded that the proposed standards and agreement were in line with the principles of the Fair Work Act and would provide fair and reasonable terms for both parties. Consequently, the application was approved.

The Fair Work Commission approved the application for the Sudbury Community House Association Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013. This decision recognises the professional nature of early childhood education and provides a fair balance between the needs of educators and the Association. The approval ensures that the standards and agreement align with the principles of the Fair Work Act and adequately protect the interests of both parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established