United Voice

[2013] FWCA 3715

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/6745)

WAIKIKI PLAY-SCHOOL PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER CLOGHAN	PERTH, 12 JUNE 2013

Application for approval of the Waikiki Play-School 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 Application for approval of the Waikiki Play-School 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 24 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, in correspondence to the Commission dated 29 May 2013 (attached), the parties have provided an undertaking 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 United Voice 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 19 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, United Voice, sought approval from the Fair Work Commission of an agreement governing the working conditions of employees at the Waikiki Play-School. The dispute centred on the implementation of the United Voice Enterprise Agreement 2013 within the context of the Professional Early Childhood Education Care Standards applicable to the play-school. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval.

The primary legal issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it provided for minimum employment standards, and whether it was made in good faith and without coercion. A secondary issue was whether the agreement adequately addressed the specific professional standards required for early childhood education care.

The Fair Work Commission found that the agreement did not fully comply with the Fair Work Act, as it did not adequately address the specific professional standards required for early childhood education care. The Commission highlighted deficiencies in the agreement concerning the implementation of these standards, which were critical for the play-school's operations. Consequently, the application for approval was dismissed.

The Fair Work Commission's decision underscored the importance of ensuring that enterprise agreements not only meet general employment standards but also address specific industry requirements. The Commission's ruling served as a reminder to parties involved in such agreements to thoroughly consider and incorporate relevant professional standards into their negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established