United Voice

[2013] FWCA 6126

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2307)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - MOUNT GAMBIER CHILD CARE CENTRE INC 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 - Mount Gambier Child Care Centre Inc 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 - Mount Gambier Child Care Centre Inc 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice, an applicant, applied to the Fair Work Commission for approval of the Big Steps in Early Childhood Education and Care SA United Voice – Mount Gambier Child Care Centre Inc Enterprise Agreement 2013. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The applicant argued that the agreement was appropriate for the workforce and had been negotiated in good faith. The employer contended that the agreement did not adequately address the financial sustainability of the business.

The central legal issue was whether the agreement complied with the Fair Work Act, specifically whether it was made in good faith and met the requirements for registration. The Commission considered the negotiation process, the content of the agreement, and whether it provided for the resolution of disputes and the protection of employees' interests. The Commission also assessed whether the agreement was fair and reasonable in terms of its provisions and its impact on the employer's business.

The Commission found that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable. The agreement provided for the resolution of disputes and the protection of employees' interests. The Commission was satisfied that the agreement was appropriate for the workforce and would not have an adverse effect on the employer's financial sustainability. The Commission approved the agreement and made an order for its registration under the Fair Work Act.

No additional paragraph is required for the final orders as the text already provides the necessary information.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established