United Voice

[2013] FWCA 5721

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2062)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - WOODVILLE DAY NURSERY AND KINDERGARTEN 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 - Woodville Day Nursery & Kindergarten 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 - Woodville Day Nursery and Kindergarten 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

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, United Voice, sought approval for the Big Steps in Early Childhood Education and Care SA United Voice - Woodville Day Nursery & Kindergarten Enterprise Agreement 2013. The dispute involved the application of the agreement, which had been negotiated between United Voice and the employer, and was intended to cover employees working at the Woodville Day Nursery & Kindergarten.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for the proper terms and conditions of employment. This included examining whether the agreement adequately covered all the required minimum terms, and whether it was made in good faith and without the influence of any prohibited conduct. The Commission also had to consider whether the agreement provided for fair and reasonable terms that complied with the Fair Work (Registered Organisations) Act 2009.

After considering the submissions from both parties and reviewing the contents of the agreement, the Commission found that the agreement did not include all the required minimum terms, particularly in relation to the provisions regarding parental leave and redundancy pay. The Commission also noted that the agreement was made in good faith and without any prohibited conduct. However, due to the omission of the required minimum terms, the Commission was unable to approve the agreement. Consequently, the application for approval was dismissed. The Commission directed the parties to negotiate an amended agreement that includes all the required minimum terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established