Gordon Square Child Care Centre Incorporated

[2013] FWCA 5207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon Square Child Care Centre Incorporated
(AG2013/7376)

GORDON SQUARE CHILDHOOD SERVICES UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 30 JULY 2013

Application for approval of the Gordon Square Childhood Services United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Gordon Square Childhood Services United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made by Gordon Square Child Care Centre Incorporated pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gordon Square Child Care Centre Incorporated brought an application to the Fair Work Commission seeking approval of the Gordon Square Childhood Services United Voice Big Steps Enterprise Agreement 2013. The application arose from negotiations between the applicant and its employees, represented by the United Voice union. The union submitted the agreement for approval under section 176 of the Fair Work Act 2009, claiming it met the "better off overall test" by providing employees with a combination of wage increases and other benefits that were more favourable than the relevant award.

The legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was a "simplified agreement" as defined in the Act, and whether it satisfied the "better off overall test." This involved assessing the terms of the agreement against the relevant award to ensure that employees would be better off overall if the agreement was approved.

The Fair Work Commission found that the agreement was a simplified agreement and met the "better off overall test." The Commission noted that the agreement provided employees with wage increases and other benefits that were more favourable than those provided by the relevant award. The Commission also considered the views of the employees and the employer, as well as any other relevant factors. Based on this assessment, the Commission approved the agreement, finding that it met the requirements of the Act.

The Fair Work Commission approved the Gordon Square Childhood Services United Voice Big Steps Enterprise Agreement 2013, effective from the date of the decision. The Commission found that the agreement met the requirements of the Fair Work Act and was more favourable to employees than the relevant award. The approval of the agreement ensures that the employees of Gordon Square Child Care Centre Incorporated will receive the benefits outlined in the agreement, subject to any applicable variations or terminations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established