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[2013] FWCA 3756

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/6841)

MUSEUM STREET CHILD CARE INCORPORATED PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER CLOGHAN	PERTH, 14 JUNE 2013

Application for approval of the Museum Street Child Care Incorporated 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 Museum Street Child Care 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 31 May 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 21 June 2013.

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

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Museum Street Child Care Incorporated, sought approval for the Professional Early Childhood Education Care Standards and the United Voice Enterprise Agreement 2013. The application was lodged with the Fair Work Commission (FWC) and opposed by United Voice, a union representing the early childhood educators. The primary dispute centred around the alignment of these standards and the enterprise agreement, and whether they met the necessary criteria for approval under the Fair Work Act 2009.

The court had to determine whether the standards proposed by the applicant were appropriate and met the requirements of section 235 of the Fair Work Act. It needed to assess the fairness of the proposed standards and the bargaining process. The court also had to consider if the agreement provided adequate protections for employees, particularly in terms of pay, conditions, and other entitlements.

The FWC found that the proposed standards were reasonable and met the criteria for approval. The court noted that the standards were developed through a collaborative process with input from various stakeholders, including the union. The FWC was satisfied that the agreement provided fair and reasonable terms for the employees, taking into account the specific needs of the early childhood education sector. The court approved the standards and the enterprise agreement, rejecting the union's opposition.

United Voice

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Background to the litigation

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