United Voice

[2013] FWCA 7121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8830)

WILSON CHILDCARE PTY LTD T/A KOALA CHILDCARE & EARLY LEARNING CENTRE AND UNITED VOICE (VICTORIA) BIG STEPS AGREEMENT 2013

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

Application for approval of the Wilson Childcare Pty Ltd T/A Koala Childcare & Early Learning Centre and United Voice (Victoria) Big Steps Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Childcare Pty Ltd T/A Koala Childcare & Early Learning Centre 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 Fair Work Commission, United Voice, an Australian union, sought approval of an agreement between itself and Wilson Childcare Pty Ltd trading as Koala Childcare & Early Learning Centre. The dispute centred around the terms and conditions of employment for childcare workers, including issues such as wages, leave entitlements, and other workplace provisions. The commission was tasked with determining whether the agreement met the legal standards set forth in the Fair Work Act 2009.

The primary legal issues before the commission involved assessing the fairness and compliance of the proposed agreement with the statutory framework. This required the commission to evaluate if the agreement provided appropriate protections and benefits to employees, and if it adhered to the procedural requirements for approval. The commission also needed to consider the potential impact of the agreement on the employees' rights and workplace relations.

The commission found that the agreement was fair and met the statutory requirements. It determined that the terms and conditions provided were equitable and provided adequate protections for the employees. The agreement was also found to comply with all procedural requirements, and the commission was satisfied that it would not have an adverse effect on the employees' rights or workplace relations. Consequently, the commission approved the agreement.

The commission ordered the approval of the Wilson Childcare Pty Ltd T/A Koala Childcare & Early Learning Centre and United Voice (Victoria) Big Steps Agreement 2013, effective from 1st January 2014. This decision provided clarity and certainty for the parties involved and established a framework for future agreements between the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established