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[2013] FWCA 6428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2436)

KIMBERLEY LONG DAY CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	MELBOURNE, 2 SEPTEMBER 2013

Application for approval of the Kimberley Long Day 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 Kimberley Long Day 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 9 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 respondents, including the Kimberley Long Day Care Centre and United Voice, sought approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission (FWC). The applicant, United Voice, represented the employees of the centre, while the respondents were the employers. The primary dispute centred on whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act and whether it should be approved.

The legal issues before the FWC included whether the agreement had been made in good faith, whether it had been properly certified as a bargaining representative agreement, and whether it met the criteria for approval under the Fair Work Act. The court had to determine if the agreement was fair and reasonable, and if it had been appropriately negotiated. Additionally, the FWC considered whether the agreement adequately covered all necessary terms and conditions of employment and whether it complied with any relevant industrial awards or safety net provisions.

In its decision, the FWC found that the agreement had been made in good faith and properly certified. It determined that the agreement was fair and reasonable and had been appropriately negotiated. The FWC also held that the agreement covered all necessary terms and conditions of employment and complied with relevant industrial awards and safety net provisions. Consequently, the FWC approved the agreement, finding it met all statutory requirements for approval.

No further orders were made beyond the approval of the enterprise agreement. The decision confirms that the agreement is now legally binding on the parties involved and will govern the terms and conditions of employment for the employees of the Kimberley Long Day Care Centre.

United Voice

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