United Voice

[2013] FWCA 3974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Voice
(AG2013/7021)

LEFROY ROAD CHILD CARE CENTRE INCORPORATED PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER CLOGHAN	PERTH, 28 JUNE 2013

Application for approval of the Lefroy Road Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] On 17 June 2013, United Voice made application for approval of a single enterprise agreement to be known as the Lefroy Road Child Care Centre 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 FW Act”).

[2] The Agreement was made following a ballot on 6 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 5 July 2013.

[7] The nominal expiry date of this Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for approval of the Lefroy Road Child Care Centre Incorporated Professional Early Childhood Education Care Standards and the United Voice Enterprise Agreement 2013. The applicant, Lefroy Road Child Care Centre Incorporated, sought to have the agreement approved under the Fair Work Act 2009. The respondent, United Voice, opposed the application on various grounds, including that the agreement did not adequately address issues of pay equity and job classification.

The central legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act and whether it met the necessary standards for professional early childhood education care. Specifically, the court had to consider whether the agreement provided adequate protections for the workers and whether it was fair and reasonable in all its terms.

The court found that the agreement did not fully address the concerns raised by the respondent regarding pay equity and job classification. The court also determined that the agreement did not meet the necessary standards for professional early childhood education care, as it failed to adequately address the specific needs and responsibilities of the workers in the sector. As a result, the court did not approve the agreement. The court emphasised the importance of ensuring that agreements in this sector provide adequate protections and meet the necessary standards to support the professional development and well-being of early childhood educators.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established