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[2013] FWCA 5789

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2216)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - CAMDEN PARK CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 15 AUGUST 2013

Application for approval of the Big Steps in Early Childhood Education SA United Voice - Camden Park Child Care 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 SA United Voice - Camden Park Child Care 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 22 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved the approval of a proposed enterprise agreement between United Voice and the Camden Park Child Care Centre. The applicant, United Voice, sought the court's approval of the agreement which aimed to establish terms and conditions of employment for workers within the centre. The dispute centred on whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement complied with the statutory requirements and whether it provided for fair and reasonable terms for the employees involved.

The primary legal issue before the court was whether the proposed enterprise agreement contained all the necessary provisions as mandated by the Fair Work Act 2009. Specifically, the court needed to determine if the agreement included the 'protected attributes' such as minimum wages, leave entitlements, and other essential conditions of employment. Additionally, the court had to ensure that the agreement did not adversely affect the employees' conditions of employment, and that it was free from any provisions that could be considered contrary to public policy. The court also needed to consider whether the agreement had been genuinely negotiated and if the process followed was fair and reasonable.

In delivering the judgment, the court examined the terms of the proposed agreement in detail. It found that the agreement contained all the necessary provisions required by the Fair Work Act 2009, including the protected attributes. The court concluded that the agreement was fair and reasonable and did not adversely affect the employees' conditions of employment. Furthermore, the court was satisfied that the agreement was genuinely negotiated and that the process followed was fair. Consequently, the court approved the proposed agreement, finding it met all the statutory requirements.

The court's final orders were to approve the Big Steps in Early Childhood Education SA United Voice - Camden Park Child Care Centre Enterprise Agreement 2013, as it met all the necessary legal criteria for approval under the Fair Work Act 2009. The agreement was deemed to provide fair and reasonable terms for the employees, and the negotiation process was considered fair. This decision ensures that the terms of the enterprise agreement are legally binding and enforceable.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established