United Voice

[2013] FWCA 3945

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/6866)

THE CHILDREN'S GARDEN 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 Children's Garden 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 Garden 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 4 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

United Voice has applied to the Fair Work Commission for approval of the Children's Garden Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013. The dispute concerns the terms of employment of early childhood educators within the children's services sector. The Fair Work Commission heard the application and was required to determine whether the agreement met the criteria for approval as set out in the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the criteria for approval under section 233 of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient workplace, whether it facilitated productive and harmonious workplace relations, and whether it provided for a safety net of minimum terms and conditions. Additionally, the Commission had to ensure that the agreement did not unfairly discriminate against employees or employers and that it allowed for the efficient operation of businesses.

The Commission found that the agreement satisfied the criteria for approval. It noted that the agreement provided for a fair and efficient workplace by setting out clear terms and conditions for early childhood educators. The Commission also found that the agreement facilitated productive and harmonious workplace relations by including provisions for consultation and dispute resolution. Furthermore, the Commission was satisfied that the agreement provided for a safety net of minimum terms and conditions, including provisions for leave, maximum weekly hours, and penalty rates. The Commission also concluded that the agreement did not unfairly discriminate against employees or employers and that it allowed for the efficient operation of businesses.

The Fair Work Commission approved the Children's Garden Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013. The approval is effective from the date of the decision and applies to all employees within the scope of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established