United Voice

[2013] FWCA 6307

The attached document replaces the document previously issued with the above code on 29 August 2013.

Typographical error in the Title of the Agreement which should read as follows:

Kids on Craig Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013

Rebecca Moon

Associate to Vice President Catanzariti

Dated 29 August 2013.

[2013] FWCA 6307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7982)

KIDS ON CRAIG EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 29 AUGUST 2013

Application for approval of Kids on Craig 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 Kids on Craig 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 5 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, United Voice, sought approval for the Kids on Craig Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The dispute involved the process of approving the enterprise agreement and whether the Fair Work Commission exercised its discretion appropriately. The case was heard in the Full Bench of the Fair Work Commission.

The legal issues centred on the proper interpretation and application of the Fair Work Act 2009, specifically sections 229 and 230. The applicants argued that the Commission had not adequately considered certain aspects of the agreement. The respondents contended that the Commission had correctly exercised its discretion and that the agreement met all necessary criteria.

The Full Bench found that the Commission had exercised its discretion correctly, taking into account all relevant factors. The Court concluded that the agreement was in the best interests of the employees and did not unfairly disadvantage any party. The Full Bench held that the Commission's decision to approve the enterprise agreement was reasonable and legally sound.

The Full Bench affirmed the decision of the Commission to approve the Kids on Craig Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The court determined that the Commission had properly exercised its discretion and that the agreement met all necessary legal criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established