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[2013] FWCA 3754

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/6803)

WIRRABIRRA 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 Wirrabirra Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] On 4 June 2013, United Voice made application for approval of a single enterprise agreement to be known as the Wirrabirra 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 27 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 by the Wirrabirra Child Care Centre Incorporated for approval of its professional early childhood education and care standards and the United Voice Enterprise Agreement 2013. The application was heard in the Fair Work Commission. The central legal issue before the court was whether the standards and the enterprise agreement complied with the relevant legislative and regulatory framework. Specifically, the court needed to determine if the standards and agreement met the requirements under the Education and Care Services National Law Act 2010 and the Education and Care Services National Regulations 2011.

The court examined the standards and agreement to assess their compliance with the legislative and regulatory framework. The court noted that the standards and agreement needed to ensure that the service provided was of a high quality and met the regulatory standards for early childhood education and care. The court found that the standards and agreement met the requirements of the relevant laws and regulations. The court was satisfied that the standards and agreement provided for appropriate staffing levels, qualifications, and training for educators, as well as appropriate health and safety standards. The court also found that the agreement provided for fair and reasonable terms and conditions of employment for educators.

In light of the above, the court approved the standards and agreement. The court found that the standards and agreement provided for a high-quality service that met the regulatory standards for early childhood education and care. The court also found that the agreement provided for fair and reasonable terms and conditions of employment for educators. The court considered these factors in approving the standards and agreement. The final orders of the court were that the Wirrabirra Child Care Centre Incorporated Professional Early Childhood Education Care Standards and the United Voice Enterprise Agreement 2013 be approved as compliant with the relevant legislative and regulatory framework.

United Voice

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