United Voice

[2013] FWCA 7132

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2799)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - KEITHCOT FARM CHILDREN'S CENTRE ENTERPRISE AGREEMENT 2013

Children's services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 SEPTEMBER 2013

Application for approval of the Big Steps In Early Childhood Education and Care SA United Voice - Keithcot Farm Children's 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 - Keithcot Farm Children's 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 Keithcot Farm Children’s 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 27 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of United Voice, the applicant sought approval of the Big Steps In Early Childhood Education and Care SA United Voice - Keithcot Farm Children's Centre Enterprise Agreement 2013. The matter was heard in the Fair Work Commission. The primary issue for the Commission to determine was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement met the criteria for registration under the Act, including whether it provided for minimum terms and conditions of employment and whether it was fair and reasonable.

The Fair Work Commission examined the provisions of the agreement to determine if they met the legislative requirements. The Commission considered the nature of the agreement, which was entered into between the employer and the union, covering employees at the Keithcot Farm Children's Centre. The applicant argued that the agreement was fair and reasonable, and the union submitted that the agreement appropriately balanced the interests of the employer and employees. The Commission found that the agreement did provide for minimum terms and conditions of employment and was fair and reasonable. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission approved the registration of the Big Steps In Early Childhood Education and Care SA United Voice - Keithcot Farm Children's Centre Enterprise Agreement 2013. The Commission's decision was based on its finding that the agreement complied with the requirements of the Fair Work Act 2009 and provided for fair and reasonable minimum terms and conditions of employment. The agreement was subsequently registered, and its provisions became legally binding on the employer and employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established