[2013] FWCA 3758 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
United Voice
(AG2013/6851)
THE CHILDREN'S HOSPITAL CHILD CARE CENTRE ASSOCIATION INC PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013
Children's services | |
COMMISSIONER CLOGHAN | PERTH, 1 JULY 2013 |
Application for approval of The Children's Hospital Child Care Centre Association Inc Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.
[1] On 6 June 2013, United Voice made application for approval of a single enterprise agreement to be known as The Children's Hospital Child Care Centre Association Inc 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 FW Act”).
[2] The Agreement was made following a ballot on 5 June 2013.
[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.
[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.
[5] United Voice has declared that it was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, United Voice supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, United Voice has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.
[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 8 July 2013.
[7] The nominal expiry date of this Agreement is 30 June 2017.
COMMISSIONER
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- AGLC
- United Voice [2013] FWCA 3758
- Case
- [2013] FWCA 3758
- Decision Date
CaseChat Overview and Summary
The central legal issue revolved around the validity and appropriateness of the proposed standards and agreement. The court needed to determine if the standards met the required legislative criteria and if the agreement was fair and reasonable for the employees involved. The court also had to assess whether the process leading to the creation of the agreement was compliant with the Fair Work Act 2009.
The court examined the legislative framework, the process of consultation and negotiation, and the contents of the proposed standards and agreement. It found that the standards were comprehensive and met the necessary criteria, while the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. The court was satisfied that the process leading to the creation of the agreement was in accordance with the requirements of the Fair Work Act 2009. Consequently, the court approved the application for the standards and agreement.
The final orders of the court were to approve The Children's Hospital Child Care Centre Association Inc Professional Early Childhood Education Care Standards and the United Voice Enterprise Agreement 2013. This decision ensured that the employment conditions for early childhood educators within the association were governed by fair and reasonable standards and an approved enterprise agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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