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[2013] FWCA 6128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Voice
(AG2013/2413)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - YANKALILLA COMMUNITY CHILDREN'S CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 26 AUGUST 2013

Application for approval of the Big Steps in Early Childhood Education and Care SA United Voice- Yankalilla Community Children's Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Big Steps in Early Childhood Education and Care SA United Voice - Yankalilla Community Children's Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act 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 them. As required by s.201 (2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 2 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the respondent, Big Steps in Early Childhood Education and Care SA, applied for the approval of the Enterprise Agreement for the Yankalilla Community Children's Centre between the employer and the union, United Voice. The dispute was brought before the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The union sought approval of the agreement, while the employer raised objections to certain clauses.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, specifically whether it met the criteria for a valid enterprise agreement. The employer contested several provisions, including the classification of employees, the rates of pay, and the conditions of employment. The union argued that the agreement was fair and reasonable, and that the objections raised by the employer did not justify refusal of approval.

The Commission examined the provisions of the agreement in detail, considering the relevant legal principles and the evidence presented by both parties. The Commission found that the agreement was largely in line with the requirements of the Act and did not contain any provisions that were unfair or unreasonable. The Commission also considered the broader context of the agreement, including the nature of the employer's business and the conditions of employment in the early childhood education sector. Ultimately, the Commission determined that the agreement was valid and should be approved.

In light of the findings, the Commission approved the Enterprise Agreement for the Yankalilla Community Children's Centre. The employer and the union were required to take all necessary steps to give effect to the approved agreement, which would now govern the terms and conditions of employment for the employees covered by the agreement.

United Voice

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Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established