United Voice

[2013] FWCA 6477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8666)

WARATAH DRIVE CHILDCARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the Waratah Drive Childcare Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Waratah Drive Childcare 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 10 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, a union representing workers in the childcare sector, applied for approval of the Waratah Drive Childcare Centre and United Voice Big Steps Enterprise Agreement 2013. The application was contested by the employer, Waratah Drive Childcare Centre. The Fair Work Commission (FWC) was tasked with determining whether the proposed agreement met the legal standards for approval.

The primary issue before the FWC was whether the agreement complied with the Fair Work Act 2009, specifically section 234, which sets out the criteria for approving an enterprise agreement. The court had to consider whether the agreement provided for minimum terms and conditions of employment, covered the appropriate bargaining unit, and was made in good faith. Additionally, the FWC examined whether the agreement met the "better off overall test," ensuring that no party was worse off, and that at least some employees were better off.

The FWC found that the agreement satisfied all the necessary criteria. The union argued that the agreement provided fair and reasonable terms for the employees, including provisions for wages, leave, and working conditions. The employer did not contest the fairness of the terms but raised concerns about the implications of the agreement. After a detailed examination of the evidence and submissions, the FWC concluded that the agreement was fair and appropriate, and approved it under section 173 of the Fair Work Act.

The FWC's final order was that the Waratah Drive Childcare Centre and United Voice Big Steps Enterprise Agreement 2013 be approved and registered. The agreement was to apply to all employees of the centre, and the terms and conditions set out in the agreement were to govern their employment from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established