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[2013] FWCA 6865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2673)

COLUMBA COTTAGE EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Columba Cottage 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 Columba Cottage 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 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

In the recent case, United Voice sought the approval of the Columba Cottage Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. This application was brought before the Fair Work Commission (FWC) in Australia, involving an agreement between an employer and employees represented by a union. The dispute centred around the terms and conditions of employment, specifically those outlined in the proposed enterprise agreement. The application was made to ensure that the agreement met the necessary standards under Australian labour law, particularly focusing on the fairness and suitability of the proposed terms.

The court had to determine several legal issues, primarily whether the agreement was fair and suitable for the employees it covered. This involved examining the agreement's provisions against the criteria set by the Fair Work Act 2009. Key considerations included whether the agreement provided for fair remuneration and conditions, and whether it had been fairly negotiated. The court also needed to assess if the agreement adequately protected employees' rights and interests, ensuring it did not unfairly disadvantage any party.

The Fair Work Commission found that the agreement met the required standards for approval. The decision highlighted that the agreement provided for fair and reasonable terms, ensuring employees' rights were protected and fairly negotiated. The Commission noted the inclusion of provisions that catered to the specific needs of the early learning sector, including appropriate remuneration and conditions. The FWC concluded that the agreement was fair and suitable, and therefore approved it under the Fair Work Act 2009.

The final orders of the Commission included the approval of the Columba Cottage Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on the parties involved, providing a framework for employment within the early learning sector. The decision sets a precedent for similar agreements in the industry, reinforcing the importance of fair and equitable terms in enterprise agreements.

United Voice

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Orders of the court

Background to the litigation

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Legal Principle Established