United Voice

[2013] FWCA 5817

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7047)

BCL PTY LTD TRADING AS EAGER BEES EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 19 AUGUST 2013

Application for approval of the BCL Pty Ltd trading as Eager Bees Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BCL Pty Ltd trading as Eager Bees Early Learning Centre 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 26 August 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

In this case, the Australian Building and Construction Commission (ABCC) sought approval of a proposed enterprise agreement between BCL Pty Ltd trading as Eager Bees Early Learning Centre and United Voice. The application for approval was made to the Fair Work Commission (FWC). The nature of the dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009 and provided for the best interests of the employees of the early learning centre.

The legal issues before the FWC included whether the agreement was in the best interests of the employees, whether the agreement complied with the relevant sections of the Fair Work Act, and whether the agreement provided for fair and reasonable terms and conditions of employment. The court was required to consider the views of the employees, the employer, and the union, as well as any relevant industrial or economic factors.

The FWC found that the proposed agreement was in the best interests of the employees and met the requirements of the Fair Work Act. The court considered the views of the employees, the employer, and the union, as well as relevant industrial and economic factors. The FWC found that the proposed agreement provided for fair and reasonable terms and conditions of employment and met the requirements of the Fair Work Act. The court approved the proposed agreement, and it will now be binding on the parties. The final orders of the court were that the proposed agreement be approved and registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established