United Voice

[2013] FWCA 6313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8015)

MAREEBA CHILDCARE PARENT MANAGEMENT COMMITTEE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Mareeba Childcare Parent Management Committee and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mareeba Childcare Parent Management Committee 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 matter before the Fair Work Commission was an application for approval of the Mareeba Childcare Parent Management Committee and United Voice Big Steps Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for employees of Mareeba Childcare, a childcare service provider in Queensland. The application for approval was brought by United Voice, an Australian trade union representing the employees, and was opposed by the employer.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the mandated terms, did not include prohibited terms, and was fair and reasonable in all its aspects. The Commission also needed to consider the balance of the agreement, its coverage, and the process through which it was negotiated.

In considering the application, the Commission examined the terms of the agreement, including wages, conditions, dispute resolution mechanisms, and other employment-related provisions. The Commission noted that the agreement contained all the mandated terms and did not include any prohibited terms. It found that the agreement was fair and reasonable in all its aspects, taking into account the need for flexibility in the childcare industry and the specific circumstances of the employees. The Commission also found that the agreement had been negotiated in good faith and that the process was fair and reasonable. Accordingly, the Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of penalty rates and the inclusion of a specific clause regarding the right of employees to refuse unsafe work.

The Commission's decision was significant for the parties involved and for the broader childcare industry in Australia. By approving the enterprise agreement, the Commission provided certainty and stability to the employment relationship between the employer and the employees, and recognised the role of collective bargaining in determining the terms and conditions of employment. The decision also highlighted the importance of good faith negotiation and the need for flexibility in the childcare industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established