United Voice

[2013] FWCA 6854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2685)

MAMA BEAR CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 11 SEPTEMBER 2013

Application for approval of the Mama Bear Child Care Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mama Bear Child Care 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 am satisfied that each of the requirements of ss.186, 187 and 188 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 it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 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

United Voice applied to the Fair Work Commission for the approval of the Mama Bear Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The applicant argued that the agreement was suitable for the approval criteria under the Fair Work Act 2009. The respondent, the Mama Bear Child Care Centre, opposed the application on the basis that the agreement did not meet the requirement for good faith bargaining and that the agreement did not provide for adequate terms and conditions for the employees.

The Fair Work Commission considered the evidence presented by both parties and examined the agreement to determine whether it met the criteria for approval. The Commission found that the applicant had provided evidence of good faith bargaining and that the agreement contained appropriate terms and conditions for the employees. The Commission also considered the potential impact of the agreement on the employees and the child care centre, and determined that the agreement was suitable for approval.

The Fair Work Commission approved the Mama Bear Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The Commission found that the agreement met the requirements for approval under the Fair Work Act 2009, and that it provided for appropriate terms and conditions for the employees. The Commission also noted that the agreement had been negotiated in good faith and that it would not have an adverse effect on the child care centre or its employees. The respondent's opposition to the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established