United Voice

[2013] FWCA 5794

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2095)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - MACKINNON PARADE CHILDREN'S CENTRE INC 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 - MacKinnon Parade Children's Centre Inc 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 - MacKinnon Parade Children's Centre Inc 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

In the Federal Circuit Court of Australia, the case of United Voice concerns an application for the approval of the Big Steps In Early Childhood Education and Care SA United Voice - MacKinnon Parade Children's Centre Inc Enterprise Agreement 2013. The applicant, United Voice, a registered trade union, sought approval for the proposed enterprise agreement, which outlines the terms and conditions of employment for employees of the MacKinnon Parade Children's Centre Inc. The primary dispute centres on whether the agreement complies with relevant statutory requirements and provides appropriate safeguards for the employees.

The court was tasked with determining whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court examined whether the agreement was made in good faith, provided for fair and reasonable terms, and ensured that employees had the opportunity to be adequately represented. The court also considered the agreement's compliance with the Fair Work (Registered Organisations) Act 2009, particularly in terms of the union's eligibility to represent the employees and the manner in which the agreement was negotiated and executed.

In its decision, the court found that the agreement was made in good faith and provided for fair and reasonable terms. The court was satisfied that the union had the requisite authority to represent the employees and that the agreement was negotiated and executed in compliance with relevant legislative provisions. Consequently, the court approved the enterprise agreement, recognising its compliance with the statutory framework and its suitability for the employees of the MacKinnon Parade Children's Centre Inc.

The court's approval of the enterprise agreement marks the final outcome of this matter. The agreement is now formally approved and will govern the employment terms and conditions for the employees of the MacKinnon Parade Children's Centre Inc.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established