United Voice Summary | CaseChat AU

[2013] FWCA 6122

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2412)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - CAFE ENFIELD 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 - CAFE Enfield 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 - CAFE Enfield 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] Pursuant to s.185(3)(b) of the Act time to file the application is extended.

[3] 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.

[4] 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.

[5] 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

The matter before the Fair Work Commission involved a dispute regarding the approval of an enterprise agreement proposed by United Voice for the employees of CAFE Enfield Child Care Centre Inc. The union, United Voice, sought the Commission's approval of the agreement, which had been negotiated to cover a range of employment conditions for staff at the childcare centre.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for appropriate mechanisms for resolving disputes between the parties. Furthermore, the Commission needed to ensure that the agreement met the requirements for employee representation and that it did not unfairly disadvantage any group of employees.

The Commission examined the provisions of the agreement and found that it was made in good faith and contained appropriate dispute resolution mechanisms. The agreement also provided for adequate employee representation and did not unfairly disadvantage any group of employees. The Commission was satisfied that the agreement met the necessary legal standards and approved it. Consequently, the enterprise agreement was registered, and the terms and conditions set out within it became legally binding on the parties involved.

United Voice

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Background to the litigation

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Legal Principle Established