Footprints Unit Trust T/A Footprints Educational Complex Summary

[2013] FWCA 4516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Footprints Unit Trust T/A Footprints Educational Complex
(AG2013/7217)

FOOTPRINTS EDUCATIONAL COMPLEX UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 8 JULY 2013

Application for approval of the Footprints Educational Complex United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Footprints Educational Complex United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Footprints Unit Trust T/A Footprints Educational Complex. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act concerning the flexibility term in Clause 4 of the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking given, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves the Footprints Unit Trust, trading as the Footprints Educational Complex, and the applicants, who are seeking approval of the Footprints Educational Complex United Voice Big Steps Enterprise Agreement 2013. The matter was heard in the Fair Work Commission. The applicants, represented by United Voice, sought to have the enterprise agreement approved by the Commission. The enterprise agreement in question was entered into between the Footprints Unit Trust and the union, United Voice, on behalf of its members employed by the Trust.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval as stipulated under the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary provisions to be considered a lawful and fair enterprise agreement. The Commission needed to determine if the agreement addressed key aspects such as minimum rates of pay, classification of employees, and other essential terms and conditions of employment, while also ensuring it did not unfairly disadvantage any party involved.

The Commission found that the enterprise agreement was comprehensive and met all the statutory requirements for approval. It contained provisions for minimum rates of pay, classification of employees, and other standard terms and conditions of employment. The Commission noted that the agreement was the result of good faith negotiations between the parties and did not contain any provisions that would unfairly disadvantage any party. Consequently, the Commission approved the agreement, finding it to be a lawful and fair enterprise agreement.

In its decision, the Commission approved the Footprints Educational Complex United Voice Big Steps Enterprise Agreement 2013. The approval means that the terms and conditions set out in the agreement will apply to the employees covered by the agreement, and it will be binding on both the Footprints Unit Trust and the union, United Voice. This decision ensures that the agreement will provide a stable and fair framework for the employment relationship between the parties.

Footprints Unit Trust T/A Footprints Educational Complex

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established