United Voice

[2013] FWCA 7131

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2797)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - BERRI REGIONAL CHILD CARE 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 - Berri Regional 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 - Berri Regional 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 Berri Regional Child Care Centre Inc. 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

The case of United Voice involved an application for the approval of the Big Steps In Early Childhood Education and Care SA United Voice – Berri Regional Child Care Centre Enterprise Agreement 2013. The dispute centred around whether the proposed agreement met the necessary legal standards for approval under the relevant industrial relations legislation. The application was heard and determined by the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employees' rights. The Commission had to assess whether the bargaining process that led to the agreement was conducted in a manner that was fair and transparent and whether the agreement itself provided adequate protections for the employees involved.

In its decision, the Commission examined the evidence presented regarding the bargaining process and the contents of the agreement. The Commission found that the bargaining process was conducted in accordance with the requirements of the Act, with all necessary steps taken to ensure that the employees were properly represented and informed. The Commission also concluded that the agreement provided fair and reasonable terms and conditions of employment, including appropriate protections for the employees. Based on these findings, the Commission approved the agreement, confirming that it met the necessary legal standards.

The Fair Work Commission approved the Big Steps In Early Childhood Education and Care SA United Voice – Berri Regional Child Care Centre Enterprise Agreement 2013, finding it to be compliant with the relevant industrial relations legislation. The Commission's decision recognised the fairness of the bargaining process and the adequacy of the protections provided 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