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[2013] FWCA 7377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8840)

LITTLE GEMS CHILD CARE & EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	BRISBANE, 25 SEPTEMBER 2013

Application for approval of the Little Gems Child Care & Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Little Gems Child Care & Early Learning Centre and 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). 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, 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), 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 2 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

The matter involved a dispute between United Voice and the Little Gems Child Care & Early Learning Centre regarding the approval of the United Voice Big Steps Enterprise Agreement 2013. The dispute was heard in the Fair Work Commission (FWC). The key legal issue was whether the FWC should approve the enterprise agreement given the objections raised by the Little Gems Child Care & Early Learning Centre. The centre argued that the agreement did not meet the requirements under the Fair Work Act 2009 for a valid enterprise agreement.

The FWC examined the arguments presented by both parties. It considered the procedural fairness in the negotiation process and whether the agreement was made in good faith. The commission also assessed the substance of the agreement to determine if it met the necessary standards for approval. The FWC found that the agreement was appropriately negotiated and contained terms that were fair and reasonable. Consequently, the FWC approved the enterprise agreement, rejecting the objections raised by the centre. The commission's decision was based on a comprehensive review of the negotiation process and the contents of the agreement.

United Voice

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