United Voice Summary | CaseChat AU

[2013] FWCA 7380

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2965)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - LITTLEHAMPTON CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Children's services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 SEPTEMBER 2013

Application for approval of the Big Steps In Early Childhood Education and Care SA United Voice - Littlehampton Child Care Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Big Steps In Early Childhood Education and Care SA United Voice - Littlehampton Child Care Centre 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 and PRAJEC Pty Ltd T/A Littlehampton Child Care Centre. The Agreement is a single-enterprise agreement.

[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 3 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice applied to the Fair Work Commission for approval of the Big Steps In Early Childhood Education and Care SA United Voice - Littlehampton Child Care Centre Enterprise Agreement 2013. The respondent, the employer, did not object to the approval of the agreement, but raised concerns about certain provisions. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement contained proper provision for minimum rates of pay, penalty rates, shift differentials, allowances, and other terms and conditions of employment. The Commission had to consider if the agreement provided for the appropriate minimum rates of pay and if it included adequate provisions for penalty rates, shift differentials, and allowances. The Commission also needed to ensure that the agreement did not contain any terms that were contrary to the public interest or that would undermine the operation of the National Employment Standards.

The Fair Work Commission found that the agreement did meet the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for minimum rates of pay, penalty rates, shift differentials, and allowances, and that it did not contain any terms that were contrary to the public interest or that would undermine the operation of the National Employment Standards. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both the employees and the employer.

United Voice

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established