United Voice

[2013] FWCA 7843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9543)

LEARNING CIRCLES PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILLIAMS	PERTH, 8 OCTOBER 2013

Application for approval of the Learning Circles Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Learning Circles 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 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] 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 and, in accordance with s.54 of the Act, will operate from 15 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves United Voice, an applicant seeking approval for the Learning Circles Professional Early Childhood Education Care Standards and the United Voice Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issue before the court was whether the proposed standards and agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the standards and agreement were appropriate and could be applied to the early childhood education and care sector, and if they provided for fair and reasonable terms and conditions for employees.

In delivering its decision, the Fair Work Commission examined the proposed standards and agreement in detail, considering factors such as the need for consistency with relevant legislation, the interests of employers and employees, and the overall impact on the sector. The Commission found that the proposed standards and agreement were appropriate and met the necessary requirements for approval. The Commission noted that the proposed standards and agreement provided for fair and reasonable terms and conditions for employees, and that they would help to ensure that the early childhood education and care sector remained a high-quality industry.

As a result of the court's decision, the Learning Circles Professional Early Childhood Education Care Standards and the United Voice Enterprise Agreement 2013 were approved and are now in effect. This decision provides clarity and certainty for employers and employees in the early childhood education and care sector, and helps to ensure that the industry continues to operate in a fair and reasonable manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established