United Voice

[2013] FWCA 5719

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2061)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - RAINBOW CHILD CARE CENTRE AT WESTFIELD MARION ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 14 AUGUST 2013

Application for approval of the Big Steps in Early Childhood Education and Care SA United Voice - Rainbow Child Care Centre at Westfield Marion 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 - Rainbow Child Care Centre at Westfield Marion 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 21 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

In the case before the Fair Work Commission, United Voice sought approval for the Big Steps in Early Childhood Education and Care SA United Voice - Rainbow Child Care Centre at Westfield Marion Enterprise Agreement 2013. The application for approval was made pursuant to section 234 of the Fair Work Act 2009, aiming to ensure the agreement met the legislative requirements for registration and effectiveness. The applicant, United Voice, represented employees at the Rainbow Child Care Centre, while the employer, Big Steps in Early Childhood Education and Care SA, was the respondent.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the necessary standards for being a simple, clear, and accessible document. The Commission needed to examine the content of the agreement, including its provisions on wages, hours of work, and other conditions of employment, to determine if it was fair and reasonable. Additionally, the Commission considered whether the agreement was appropriately negotiated and whether it provided adequate protections for employees.

The Fair Work Commission found that the agreement generally complied with the legislative requirements. The Commission noted that while some provisions could be improved for clarity, the overall content of the agreement was fair and reasonable. The Commission highlighted that the agreement appropriately addressed key employment conditions and provided adequate protections for the employees. Consequently, the Commission approved the agreement, subject to certain minor modifications to enhance clarity and accessibility. The approval ensures that the agreement is effective and can be registered with the Fair Work Commission, thereby providing a legally binding framework for the employment relationship between the employer and employees at the Rainbow Child Care Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established