United Voice

[2013] FWCA 3748

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/6756)

SOUTH LAKE CHILD CARE CENTRE 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 South Lake Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] On 30 May 2013, United Voice made application for approval of a single enterprise agreement to be known as the South Lake 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 28 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] 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 21 June 2013.

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

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the South Lake Child Care Centre Incorporated Professional Early Childhood Education Care Standards and the United Voice Enterprise Agreement 2013. The applicant was the South Lake Child Care Centre, and the respondent was United Voice. The dispute arose under the Education and Care Services National Law Act 2010, which mandates the approval of agreements that regulate the employment conditions of educators in approved child care services. The matter was heard in the Fair Work Commission.

The primary legal issues before the court were whether the proposed agreement met the standards required under the relevant legislation and whether it provided adequate protections and benefits for the educators. The court needed to assess the agreement's provisions against the National Quality Standards, which outline the minimum quality and safety requirements for child care services in Australia. Additionally, the court had to consider whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the proposed agreement met the required standards under the Education and Care Services National Law Act 2010. The agreement was deemed to be consistent with the National Quality Standards, ensuring the health, safety, and quality education for children in the care of the centre. The commission also concluded that the agreement provided fair and reasonable terms for the educators, complying with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court approved the agreement, acknowledging its alignment with the statutory requirements and its ability to maintain the quality of early childhood education services.

The final orders of the court approved the South Lake Child Care Centre Incorporated Professional Early Childhood Education Care Standards and the United Voice Enterprise Agreement 2013, confirming their compliance with the relevant legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established