United Voice Summary | CaseChat AU

[2013] FWCA 6903

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2662)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - FORBES CHILDREN'S CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 12 SEPTEMBER 2013

Application for approval of the Big Steps in Early Childhood Education and Care SA United Voice-Forbes Children's 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 - Forbes Children's Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 them. As required by s.201 (2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 19 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, United Voice, sought approval of the Big Steps in Early Childhood Education and Care SA United Voice-Forbes Children's Centre Enterprise Agreement 2013, which was entered into by the applicant and the respondent, Forbes Children's Centre. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The central issue before the Commission was whether the agreement was made in good faith and for the purpose of creating a workplace that was free from unfair treatment and discrimination. The Commission considered the evidence presented by both parties, including submissions on the process by which the agreement was negotiated and the extent to which it complied with the relevant statutory provisions.

After careful consideration of the evidence, the Commission found that the agreement had been made in good faith and for the purpose of creating a workplace that was free from unfair treatment and discrimination. The Commission noted that the agreement had been negotiated in accordance with the principles of good faith bargaining and that it contained provisions that were consistent with the relevant provisions of the Fair Work Act. The Commission was also satisfied that the agreement had been made without any undue influence or coercion.

The Fair Work Commission approved the Big Steps in Early Childhood Education and Care SA United Voice-Forbes Children's Centre Enterprise Agreement 2013, subject to certain modifications. The modifications were made to ensure that the agreement complied with the relevant statutory provisions and to address any potential issues that may have arisen in the future. The modifications included changes to the dispute resolution process and the inclusion of certain provisions relating to the protection of employee rights.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established