United Voice

[2013] FWCA 5795

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2219)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - FLINDERS UNIVERSITY CHILD CARE CENTRE 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 - Flinders University Child Care Centre 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 - Flinders University Child Care Centre 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice, a union, applied to the Fair Work Commission for the approval of a collective agreement with the Flinders University Child Care Centre in South Australia. The dispute centred on whether the terms and conditions outlined in the proposed agreement complied with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it adhered to the legislative requirements.

The central legal issues revolved around the interpretation of the Fair Work Act and the application of its provisions to the proposed collective agreement. The commission had to assess whether the agreement provided fair and reasonable terms for the employees, and if it met the statutory standards for approval. Additionally, the court had to consider the balance between the rights of the employer and the employees, ensuring that the agreement did not unfairly disadvantage either party.

The Fair Work Commission reviewed the agreement and considered the evidence presented by both parties. It found that the agreement provided fair and reasonable terms for the employees and met the statutory standards for approval. The commission concluded that the agreement was in the best interests of the employees and did not contravene any provisions of the Fair Work Act. Consequently, the commission approved the proposed agreement.

The Fair Work Commission ordered the approval of the Big Steps in Early Childhood Education SA United Voice - Flinders University Child Care Centre Collective Agreement 2013, confirming that it was in the best interests of the employees and complied with the legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established