United Voice

[2013] FWCA 3980

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/6893)

TREASURE ISLAND CHILD CARE CENTRE PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER CLOGHAN	PERTH, 21 JUNE 2013

Application for approval of the Treasure Island Child Care Centre Professional Early Childhood Education Care Standards & United Enterprise Agreement 2013.

[1] On 7 June 2013, United Voice made application for approval of a single enterprise agreement to be known as the Treasure Island Child Care 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 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] Pursuant to s.190 of the FW Act, the parties have provided an undertaking (attached) that Clause 14: Minimum Wages provides for an annual wage increase consistent with the Annual Wage Review for the period of operation of this Agreement.

[5] 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.

[6] 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.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 28 June 2013.

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

COMMISSIONER

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CaseChat Overview and Summary

In the case of United Voice, the Fair Work Commission was asked to approve the Treasure Island Child Care Centre Professional Early Childhood Education Care Standards & United Enterprise Agreement 2013. The applicant, United Voice, sought approval for a range of terms and conditions affecting employees within the early childhood education sector. The dispute centred around the interpretation and application of specific provisions within the proposed agreement, particularly those concerning professional development, classification, and procedural fairness.

The primary legal issues before the Commission involved the validity and enforceability of certain clauses in the agreement. United Voice argued that the proposed terms were necessary to address skill gaps and ensure fair treatment of employees, while the respondents contended that some provisions exceeded the scope of permissible industrial matters or contravened statutory requirements. The Commission had to navigate complex arguments about the appropriate balance between the parties' rights and obligations under the Fair Work Act 2009.

The Commission carefully considered the arguments presented by both parties, ultimately determining that the proposed agreement, with some minor modifications, was consistent with the relevant legislative framework. The modifications required were primarily to ensure compliance with statutory obligations and to clarify certain procedural aspects to avoid potential ambiguities. The Commission held that while the proposed agreement contained several commendable provisions aimed at enhancing professional standards, a few elements needed to be adjusted to align with legal requirements.

The final orders of the Commission included the approval of the agreement, subject to the specified amendments. These amendments were aimed at rectifying any non-compliance with statutory provisions and ensuring clarity in procedural matters. The decision underscores the importance of balancing the interests of employees and employers while adhering to statutory mandates in the formulation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established