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[2013] FWCA 5786

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2217)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - THE COMMUNITY CHILD CARE CENTRE AT FLINDERS MEDICAL CENTRE INC COLLECTIVE 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 - The Community Child Care Centre at Flinders Medical Centre Inc Collective 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 - The Community Child Care Centre at Flinders Medical Centre Inc Collective 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, the applicant, sought approval of the Big Steps in Early Childhood Education SA United Voice - The Community Child Care Centre at Flinders Medical Centre Inc Collective Agreement 2013 from the Fair Work Commission. The applicant submitted that the agreement had been negotiated in good faith and contained no terms that were contrary to public policy. The employer opposed the application, arguing that certain terms of the agreement were contrary to public policy and that the agreement had not been negotiated in good faith.

The Fair Work Commission considered whether the agreement contained terms that were contrary to public policy and whether it had been negotiated in good faith. The Commission noted that the agreement contained a clause that required the employer to provide paid leave to employees who were elected to certain positions within the union. The Commission found that this clause was contrary to public policy as it incentivised union activity. The Commission also found that the agreement had not been negotiated in good faith as the applicant had not provided the employer with adequate information about the terms of the agreement. As a result, the Commission did not approve the agreement.

The Fair Work Commission held that the agreement contained terms that were contrary to public policy and had not been negotiated in good faith. Therefore, the Commission did not approve the agreement. The Commission ordered that the application be dismissed.

United Voice

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