United Voice

[2013] FWCA 6290

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:

Little Teds Child Care Centre and United Voice Big Steps Enterprise Agreement 2013

Rebecca Moon

Associate to Vice President Catanzariti

Dated 29 August 2013.

[2013] FWCA 6290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7984)

LITTLE TEDS CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 29 AUGUST 2013

Application for approval of Little Teds Child 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 Little Teds Child 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 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

United Voice, on behalf of its members employed by Little Teds Child Care Centre, applied to the Fair Work Commission for approval of the United Voice Big Steps Enterprise Agreement 2013. Little Teds, the applicant, opposed the application. The dispute was heard in the Full Bench of the Fair Work Commission.

The central issue before the court was whether the agreement was in the best interests of the employees and whether it complied with relevant legislative provisions. The applicant argued that the agreement did not adequately address issues such as penalty rates, leave provisions, and the classification of employees. The applicant also contended that the agreement did not provide for fair and equitable terms and conditions of employment.

The Full Bench considered the evidence and submissions from both parties. The court found that the agreement provided for fair and equitable terms and conditions of employment and was in the best interests of the employees. The court held that the agreement was not deficient in any significant respect and complied with the relevant legislative provisions. The Full Bench approved the United Voice Big Steps Enterprise Agreement 2013.

The court ordered that the agreement be approved as a single, certified, and registered enterprise agreement. The agreement would be in effect from 1 April 2013 and would remain in force until 31 March 2016, subject to any amendments or variations made in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established