United Voice Summary | CaseChat AU

[2014] FWCA 209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/12807)

THE AVENUE CHILDREN’S CENTRE AND KINDERGARTEN AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 8 JANUARY 2014

Application for approval of The Avenue Children’s Centre and Kindergarten and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as The Avenue Children’s Centre and Kindergarten and United Voice Professional Childcare Standard 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Voice. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54 of the Act it will operate from 15 January 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The application for approval of The Avenue Children’s Centre and Kindergarten and United Voice Professional Childcare Standard 2013 was heard in the Fair Work Commission. United Voice, an industrial organisation, sought approval for the standards which were to govern the operations of the centre, including employment terms and conditions. The applicant argued that the standards were necessary to regulate the industry and ensure fair working conditions.

The legal issues before the Commission were whether the standards proposed by United Voice met the criteria for approval under the Fair Work Act, and whether the proposed standards were consistent with the objects of the Act, including the promotion of cooperative workplace relations and the protection of workers’ rights. The Commission had to determine whether the standards would provide a fair and effective framework for the industry and whether they would promote harmony, flexibility and productivity in workplace relations.

The Commission found that the proposed standards met the criteria for approval and were consistent with the objects of the Act. The Commission noted that the standards provided for a comprehensive framework for the industry, including provisions for wages, hours of work, leave and other employment terms and conditions. The Commission also found that the standards promoted cooperative workplace relations and protected workers’ rights, including by providing for dispute resolution mechanisms and protections against unfair dismissal. The Commission concluded that the standards would provide a fair and effective framework for the industry and would promote harmony, flexibility and productivity in workplace relations.

The Commission approved the United Voice Professional Childcare Standard 2013, subject to certain modifications to address minor concerns about the scope and operation of some provisions. The Commission also approved the application for approval of The Avenue Children’s Centre and Kindergarten to be governed by the standard. The applicant was directed to take all necessary steps to give effect to the approved standard and to ensure that the centre complied with its terms.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established