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[2013] FWCA 5792

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2101)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - UNLEY COMMUNITY CHILDCARE 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 - Unley Community Childcare 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 - Unley Community Childcare 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 brought an application to the Fair Work Commission seeking approval of the Big Steps In Early Childhood Education and Care SA United Voice - Unley Community Childcare Centre Enterprise Agreement 2013. The application was opposed by the respondents, who were the employers of the employees covered by the agreement. The nature of the dispute was focused on the terms and conditions of employment outlined in the proposed enterprise agreement and whether they met the requirements under the Fair Work Act 2009.

The legal issues before the court included whether the proposed enterprise agreement provided for the payment of minimum rates of pay and entitlements in accordance with the relevant awards, whether it provided for reasonable additional conditions such as hours of work, overtime, and shift arrangements, and whether it was consistent with the overarching objectives of the Fair Work Act 2009, such as promoting high levels of employment and avoiding industrial disputes. The court also needed to consider whether the agreement had been made in good faith and whether it contained provisions that were contrary to public policy.

The Fair Work Commission determined that the proposed enterprise agreement met the requirements under the Fair Work Act 2009. The commission found that the agreement provided for the payment of minimum rates of pay and entitlements, as well as reasonable additional conditions such as hours of work, overtime, and shift arrangements. The commission also found that the agreement was consistent with the overarching objectives of the Fair Work Act 2009 and had been made in good faith. The commission approved the proposed enterprise agreement, and it became a legally binding contract between the employers and employees covered by the agreement.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established