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[2013] FWCA 7373

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/8853)

AROONA CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Aroona Child Care Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Aroona Child Care 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

United Voice, an Australian union, brought an application to the Fair Work Commission seeking approval of the Aroona Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The application was made under section 234 of the Fair Work Act 2009, which allows the Commission to approve enterprise agreements that meet certain criteria, such as providing for fair and reasonable terms and conditions for employees. The application was opposed by the Aroona Child Care Centre, which argued that the agreement did not meet the statutory requirements for approval.

The central legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions for the employees, as required by section 235(1)(a) of the Act. The Commission had to consider the various provisions of the agreement and assess whether they met the statutory criteria. The Commission also had to consider whether the agreement had been made in accordance with the relevant industrial laws and whether it complied with the good faith requirement under section 231 of the Act.

In determining whether the agreement met the statutory criteria, the Commission considered the provisions of the agreement and the evidence presented by both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it had been made in accordance with the relevant industrial laws. The Commission also found that the agreement complied with the good faith requirement under section 231 of the Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that it met the statutory criteria for approval.

The Commission approved the Aroona Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and that it met the statutory criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that it met the statutory criteria for approval. The Commission approved the agreement, and it became a legally binding enterprise agreement between the parties.

United Voice

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established