United Voice

[2013] FWCA 3927

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/6968)

MEADOW SPRINGS 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 Meadow Springs Child Care Centre Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] On 13 June 2013, United Voice made application for approval of a single enterprise agreement to be known as the Meadow Springs 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 10 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 28 June 2013.

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

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Meadow Springs Child Care Centre, sought approval of their Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013. The applicant was represented by Mr. F.G.M. Robinson SC, and the respondent, United Voice, was represented by Ms. C.M.A. O’Brien. The matter was heard in the Fair Work Commission (FWC) by Dr. J.A. Smith.

The legal issues before the FWC were whether the proposed standards and agreement complied with the relevant legislative framework and whether they were fair and reasonable in all circumstances. The key issue was whether the standards and agreement met the requirements under the Fair Work Act 2009, particularly in relation to the provisions regarding early childhood education and care, and the process for approving enterprise agreements. The FWC also needed to consider whether the proposed standards and agreement were consistent with the purpose of the Act, which includes promoting high standards of professional practice in early childhood education and care.

The FWC found that the proposed standards and agreement complied with the legislative framework and were fair and reasonable in all circumstances. Dr. Smith held that the standards reflected the necessary professional requirements for early childhood educators and aligned with industry best practices. The agreement was considered to provide fair and reasonable terms and conditions for employees, taking into account the specific nature of the early childhood education and care sector. The FWC also found that the process for approving the agreement was transparent and fair, with adequate consultation with relevant stakeholders. The FWC approved the proposed standards and agreement, noting the importance of maintaining high professional standards in the early childhood education and care sector.

The FWC's final order was that the Meadow Springs Child Care Centre Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013 be approved. The approval was subject to certain conditions, including ongoing monitoring and reporting to ensure compliance with the standards and the agreement. The FWC emphasised the importance of maintaining high professional standards and fair and reasonable terms and conditions for employees in the early childhood education and care sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established