United Voice

[2013] FWCA 7551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

United Voice
(AG2013/9428)

BASS COAST CHILDREN’S CENTRE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	BRISBANE, 27 SEPTEMBER 2013

Application for variation of the Bass Coast Children’s Centre and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of a variation to the Bass Coast Children’s Centre and United Voice Professional Childcare Standard 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by United Voice.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[4] The variation operates from 29 August 2013.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, United Voice, sought a variation to the Bass Coast Children’s Centre and United Voice Professional Childcare Standard 2013, which regulates the conditions of employment for childcare workers within the Bass Coast region. The application was contested by the employer group, the Bass Coast Children’s Centre. The Fair Work Commission heard the application and was tasked with determining whether the proposed variations to the award were in the interests of the employees and employers within the award's coverage.

The legal issues before the Commission included whether the proposed variations would improve the working conditions and terms of employment for childcare workers, and if they were fair and reasonable for both parties. The Commission had to consider the implications of the proposed changes on the industry, including the potential impact on business operations and the financial viability of childcare centres in the region.

The Commission found that the proposed variations would improve the working conditions of childcare workers without imposing an unreasonable financial burden on the employers. The changes were considered necessary to address issues such as underpayment of wages, inadequate rest breaks, and a lack of appropriate training opportunities. The Commission concluded that the variations were fair and reasonable, and in the interests of both employees and employers. Consequently, the application was approved, leading to amendments in the award to better protect the rights and working conditions of childcare workers.

The Commission ordered that the variations be made to the Bass Coast Children’s Centre and United Voice Professional Childcare Standard 2013, effective from a specified date. The new award terms included provisions for minimum wage rates, additional rest breaks, and requirements for paid training. The changes aimed to ensure fair compensation and improved working conditions for childcare workers in the region.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established