United Voice

[2013] FWCA 7118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8618)

TIME 4 TOTS 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 Time 4 Tots 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 Time 4 Tots 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

The matter before the Fair Work Commission involved an application for the approval of an agreement between the Time 4 Tots Early Learning Centre and United Voice (Victoria), referred to as the "Big Steps Agreement 2013". United Voice sought approval for the agreement to be registered as a registered agreement under the Fair Work Act 2009. The dispute centred on the validity and appropriateness of the agreement terms, particularly in relation to the classification of employees and the conditions under which they would be employed.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for registration under the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the criteria for good faith bargaining, the protection of employee rights, and if it aligned with the principles of fairness and equity as enshrined in the Act. Additionally, the Commission had to consider whether the agreement adequately addressed the interests of both the employer and the employees, and if it provided a suitable framework for the future employment relationship.

The Commission undertook a thorough examination of the agreement, assessing its provisions against the legislative standards. The analysis included a review of the classification of employees, the wage rates, the terms concerning work hours, and the dispute resolution mechanisms. The Commission determined that the agreement, while not perfect, represented a genuine attempt by both parties to reach a fair and equitable resolution. The Commission found that the agreement sufficiently protected the rights of the employees and was consistent with the overarching objectives of the Fair Work Act. Consequently, the Commission approved the registration of the agreement as a registered agreement.

The Fair Work Commission approved the registration of the "Big Steps Agreement 2013" between Time 4 Tots Early Learning Centre and United Voice (Victoria). The Commission's decision acknowledged the agreement as a legitimate outcome of good faith negotiations, meeting the essential criteria for registration under the Fair Work Act. The approval of the agreement is effective from the date of the decision, and both parties are bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established