United Voice

[2013] FWCA 5791

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2159)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - MURRAY BRIDGE COMMUNITY CHILDREN'S CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 15 AUGUST 2013

Application for approval of the Big Steps In Early Childhood Education and Care SA United Voice - Murray Bridge Community Children's 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 and Care SA United Voice - Murray Bridge Community Children's 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

United Voice applied to the Fair Work Commission for the approval of an enterprise agreement between the Murray Bridge Community Children's Centre and its employees. The application was made under section 231 of the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement satisfied the requirements of the Fair Work Act, including provisions related to minimum standards, and whether it complied with the process for approval of enterprise agreements. The Commission considered the provisions of the agreement, the bargaining process, and the interests of the employees. It found that the agreement met the statutory requirements and was consistent with the purpose of the Fair Work Act to facilitate the making of enterprise agreements. The Commission also considered that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the nature of the work and the bargaining positions of the parties. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Commission's decision was based on a detailed analysis of the agreement and the bargaining process. It found that the agreement provided for fair and reasonable terms and conditions for the employees, and that the process for making the agreement was consistent with the provisions of the Fair Work Act. The Commission also considered the interests of the employees and the need to facilitate the making of enterprise agreements. The approval of the agreement was subject to certain modifications to ensure compliance with the Fair Work Act, including provisions related to minimum standards and the process for approval of enterprise agreements. The Commission's decision provides guidance on the requirements for the approval of enterprise agreements and the role of the Fair Work Commission in facilitating the bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established