Alison Le Bis T/A Sandy Bay Child Care Centre

[2013] FWCA 6292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alison Le Bis T/A Sandy Bay Child Care Centre
(AG2013/8583)

SANDY BAY CHILD CARE CENTRE UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	HOBART, 29 AUGUST 2013

Application for approval of the Sandy Bay Child Care Centre United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Sandy Bay Child Care Centre United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made by Alison Le Bis T/A Sandy Bay Child Care Centre pursuant to section 185 of the Fair Work Act 2009 (the Act).

[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 5 September 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

In the matter of Alison Le Bis trading as Sandy Bay Child Care Centre, an application was brought before the Fair Work Commission concerning the approval of the United Voice Big Steps Enterprise Agreement 2013. The dispute centred around the validity and enforceability of the proposed agreement, which was intended to regulate the employment conditions of the centre’s staff. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely negotiated, whether it contained the mandated minimum terms and conditions, and whether it adhered to procedural fairness. The applicant contended that the agreement was a fair reflection of negotiations between the employer and the union, while the respondent raised concerns about procedural fairness and the inclusion of certain terms. The Commission had to assess these arguments to determine whether the agreement could be certified as a single-enterprise agreement.

After thorough examination, the Fair Work Commission found that the application met the requirements for approval. The Commission was satisfied that the agreement had been genuinely negotiated and contained the minimum terms and conditions as stipulated by the Act. The procedural fairness was deemed to be appropriately observed, and the inclusion of certain terms was justified within the context of the agreement. Therefore, the Commission approved the United Voice Big Steps Enterprise Agreement 2013 for the Sandy Bay Child Care Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established