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[2013] FWCA 6474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8701)

MARCEL 3 PTY LTD TRADING AS RED FROG 4 EARLY CHILDHOOD EDUCATION AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the Marcel 3 Pty Ltd trading as Red Frog 4 Early Childhood Education and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Marcel 3 Pty Ltd trading as Red Frog 4 Early Childhood Education 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

The applicants, Marcel 3 Pty Ltd trading as Red Frog Early Childhood Education and United Voice, sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission, which heard the matter in Sydney. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement, specifically whether the agreement complied with the legislative requirements and the extent to which it was fair and reasonable for the employees involved.

The central legal issues before the Commission were whether the proposed agreement met the criteria for registration under the Fair Work Act, and whether it was appropriate to approve the agreement in light of the submissions made by the parties. This involved assessing the fairness and reasonableness of the agreement in terms of its provisions, the negotiation process, and its alignment with broader industrial standards and principles. The Commission also had to consider the submissions made by the parties, including any objections or concerns raised by the respondents or other stakeholders.

In delivering its decision, the Commission evaluated the provisions of the proposed agreement, the process by which it was negotiated, and the submissions received from the parties. The Commission found that the agreement was fair and reasonable and met the statutory criteria for approval. The Commission emphasised the importance of the negotiation process and the outcome being in the best interests of the employees. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and approved the application for registration.

The Fair Work Commission approved the application for registration of the proposed enterprise agreement, subject to certain conditions and modifications. The decision was made on the basis that the agreement was fair and reasonable, and complied with the relevant legislative requirements. The approved agreement was to be registered under the Fair Work Act, and the terms and conditions outlined in the agreement would apply to the employees of Marcel 3 Pty Ltd trading as Red Frog Early Childhood Education.

United Voice

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Legal Principle Established