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[2013] FWCA 7532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Voice
(AG2013/2588)

ABBOTSFORD LONG DAY CARE CENTRE'S QUALITY FUND ENTERPRISE AGREEMENT 2013

Children's services
VICE PRESIDENT CATANZARITI	SYDNEY, 27 SEPTEMBER 2013

Application for approval of the Abbotsford Long Day Care Centre's Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Abbotsford Long Day Care Centre's Quality Fund 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 as are relevant to this application for approval have been met.

[3] United Voice and the Independent Education Union of Australia NSW/ACT Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice applied to the Fair Work Commission (FWC) for the approval of the Abbotsford Long Day Care Centre's Quality Fund Enterprise Agreement 2013. The application was made under section 182 of the Fair Work Act 2009. The FWC was required to determine whether the agreement satisfied the requirements of the Act.

The central legal issue was whether the agreement was a good faith attempt to facilitate productivity, sustain economic prosperity and improve workplace practices. The FWC considered whether the agreement provided for a fair and efficient workplace, and whether it was in the best interests of the employees. The FWC also needed to determine if the agreement included all the mandated minimum terms and conditions.

The FWC found that the agreement was a genuine attempt to facilitate productivity, sustain economic prosperity and improve workplace practices. The FWC was satisfied that the agreement was fair and efficient, and in the best interests of the employees. The FWC also found that the agreement included all the mandated minimum terms and conditions. The FWC approved the agreement.

The FWC approved the Abbotsford Long Day Care Centre's Quality Fund Enterprise Agreement 2013, and made an order under section 182 of the Fair Work Act 2009.

United Voice

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