United Voice

[2013] FWCA 7113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2198)

CHERUBS PRESCHOOL AND EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Cherubs Preschool and 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 Cherubs Preschool and 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 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

The case involved an application for the approval of the Cherubs Preschool and Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The applicant, United Voice, sought approval of the agreement from the Fair Work Commission. The respondents included the Cherubs Preschool and Early Learning Centre and its owner. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the court involved whether the agreement complied with the procedural and substantive requirements for approval under the Act. This included whether the agreement was certified as a simple or low-complexity agreement, whether the appropriate bargaining processes were followed, and whether the agreement met the statutory minimum standards. The court also considered whether the agreement included appropriate provisions for employee protections and entitlements.

The court found that the agreement was certified as a simple agreement and that the appropriate bargaining processes were followed. However, it identified several issues that needed to be resolved before approval could be granted. These included amendments to the agreement to ensure compliance with the statutory minimum standards and to address specific concerns raised by the respondents. The court concluded that, with the necessary amendments, the agreement met the legal requirements for approval. It directed the parties to work together to resolve the outstanding issues and then seek approval of the amended agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established