United Voice Summary | CaseChat AU

[2013] FWCA 6123

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2302)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - NORTH EAST COMMUNITY CHILD CARE CENTRE COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 26 AUGUST 2013

Application for approval of the Big Steps in Early Childhood Education SA United Voice - North East Community Child Care Centre Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Big Steps in Early Childhood Education SA United Voice - North East Community Child Care Centre Collective 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 the matter of United Voice, an application was brought before the Fair Work Commission seeking approval of the Big Steps in Early Childhood Education SA United Voice - North East Community Child Care Centre Collective Agreement 2013. The applicant, United Voice, argued that the agreement should be approved as it complied with all statutory requirements and appropriately balanced the rights and interests of both employers and employees. The respondent, Big Steps in Early Childhood Education SA, contended that certain provisions within the agreement were invalid due to non-compliance with the relevant legislative framework.

The primary legal issues before the Commission were whether the agreement contained any provisions that were not authorised by, or were prohibited by, the Fair Work Act 2009. Specifically, the respondent raised concerns regarding certain clauses relating to employee entitlements, procedural fairness, and the definition of bargaining units. The Commission was tasked with determining whether these provisions were lawful and, if not, whether the invalidity of certain parts rendered the entire agreement unenforceable.

The Commission considered the statutory framework governing the approval of enterprise agreements, including relevant sections of the Fair Work Act and the Fair Work Regulations. It was determined that several provisions within the agreement were, in fact, invalid as they extended beyond the scope of permissible terms under the Act, particularly concerning procedural fairness and the definition of bargaining units. Despite these invalidations, the remaining provisions of the agreement were deemed to be otherwise compliant with the legislative requirements. Consequently, the Commission approved the agreement with the invalid provisions excised, ensuring that the balance of rights and obligations between the parties remained appropriately aligned with the statutory framework.

The final orders of the Commission mandated the approval of the Big Steps in Early Childhood Education SA United Voice - North East Community Child Care Centre Collective Agreement 2013, with specific invalid provisions removed. This decision ensures that the agreement will operate within the bounds of the Fair Work Act, thereby protecting the interests of both employers and employees.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established