United Voice

[2013] FWCA 7122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8827)

KOALA CHILDCARE AND EARLY LEARNING CENTRES PTY LTD AND UNITED VOICE (VICTORIA) BIG STEPS AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	BRISBANE, 18 SEPTEMBER 2013

Application for approval of the Koala Childcare and Early Learning Centres Pty Ltd and United Voice (Victoria) Big Steps Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Koala Childcare and Early Learning Centres Pty Ltd and United Voice (Victoria) Big Steps 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 have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 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

In the matter of United Voice, the applicants sought approval for the Koala Childcare and Early Learning Centres Pty Ltd and United Voice (Victoria) Big Steps Agreement 2013. The dispute involved the terms and conditions of employment for employees within the childcare sector, specifically focusing on the proposed agreement between the employer and the union. The case was heard in the Fair Work Commission of Australia, which is responsible for making decisions about workplace relations and industrial matters.

The primary legal issue before the Commission was whether the proposed agreement met the requirements set forth in the Fair Work Act 2009. This included assessing whether the agreement was a "better off overall test" agreement, meaning that it would provide employees with a better overall package of terms and conditions than they would have under the applicable award or registered agreement. The Commission also needed to determine if the agreement complied with procedural fairness and whether it was made in good faith.

The Fair Work Commission determined that the proposed agreement did meet the requirements of the Fair Work Act. It found that the agreement was a "better off overall test" agreement, as it provided employees with an improved overall package of terms and conditions. Additionally, the Commission found that the agreement was made in good faith and that procedural fairness had been observed. The Commission approved the Koala Childcare and Early Learning Centres Pty Ltd and United Voice (Victoria) Big Steps Agreement 2013.

The Commission's decision was based on the evidence presented by both parties, which included submissions, witness testimonies, and relevant documentation. The Commission found that the agreement provided employees with enhanced pay and conditions, including increased wages, improved leave entitlements, and better working conditions. The Commission concluded that the benefits provided by the agreement outweighed any potential disadvantages, and therefore approved the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established