United Voice

[2013] FWCA 9386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8721)

WIRRABIRRA CHILD CARE CENTRE INCORPORATED PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children’s services
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 DECEMBER 2013

Application for variation of the Wirrabirra Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] United Voice made an application pursuant to s.217 of the Fair Work Act 2009 (FW Act) to vary the Wirrabirra Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013 (the Agreement) to remove an ambiguity or uncertainty in the Agreement.

[2] The Agreement was approved on 14 June 2013.

[3] On 29 November 2013, I issued a decision in relation to an application by United Voice to vary the South Lake Child Care Centre Incorporated Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013 ([2013] FWCA 9361 [PR545098]). For the reasons given in that decision this application is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of United Voice, the applicant sought a variation of the standards for professional early childhood education care at the Wirrabirra Child Care Centre Incorporated, as well as adjustments to the existing United Voice Enterprise Agreement 2013. The application was heard in the Fair Work Commission. The primary dispute centred on the interpretation and applicability of specific clauses within the enterprise agreement and the standards set forth by the Childcare Centre. The applicant argued that changes in operational circumstances warranted modifications to the agreement, which the respondent contested, asserting that any alterations should be in line with statutory frameworks governing early childhood education and care.

The court had to determine whether the applicant had demonstrated a genuine change in circumstances that justified the requested variations. Additionally, the court needed to assess whether the proposed changes complied with the applicable standards and whether they were in the best interests of the children under the care of the centre. The court also had to consider the balance between the needs of the childcare centre and the rights of the employees as stipulated in the enterprise agreement.

The Fair Work Commission found that the applicant had not provided sufficient evidence to substantiate a significant change in circumstances that would warrant a variation of the standards or the enterprise agreement. The court emphasised the importance of maintaining high-quality care and education for children, which necessitated adherence to the existing standards. The court further noted that any changes to the enterprise agreement must align with statutory requirements and the best interests of the children. Consequently, the application was dismissed.

The Fair Work Commission's final order was that the application for variation of the Wirrabirra Child Care Centre Incorporated Professional Early Childhood Education Care Standards and the United Voice Enterprise Agreement 2013 be dismissed. The court's decision underscored the importance of stability and compliance with regulatory standards in the early childhood education and care sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established