United Voice Summary | CaseChat AU

[2013] FWCA 5752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7761)

COOPERS PLAINS CHILDCARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 14 AUGUST 2013

Application for approval of the Coopers Plains Childcare Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Coopers Plains Childcare Centre and United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Voice. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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 it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, United Voice, sought approval of the Coopers Plains Childcare Centre and United Voice Big Steps Enterprise Agreement 2013. United Voice is a trade union representing workers in the childcare sector in Queensland. The agreement in question was intended to regulate the employment terms and conditions of workers at the Coopers Plains Childcare Centre. The Fair Work Commission (FWC) was asked to determine whether the agreement met the necessary standards for approval.

The primary legal issue before the FFW was whether the agreement was in the best interests of the employees and complied with the Fair Work Act 2009. The applicant needed to demonstrate that the agreement was fair and reasonable, and that it provided for appropriate protections and benefits for the employees. The applicant also had to show that the agreement was not detrimental to the employees' interests, and that it did not undermine the principles of the Fair Work Act.

The FFW found that the agreement was fair and reasonable and met the necessary standards for approval. The FFW considered the evidence and submissions provided by the applicant and found that the agreement provided for appropriate protections and benefits for the employees. The FFW also found that the agreement did not undermine the principles of the Fair Work Act and was not detrimental to the employees' interests. The FFW approved the agreement, finding that it was in the best interests of the employees and met the necessary standards for approval.

The FFW made orders approving the Coopers Plains Childcare Centre and United Voice Big Steps Enterprise Agreement 2013. The orders were made under section 233 of the Fair Work Act, which allows the FFW to approve an agreement if it is satisfied that the agreement meets the necessary standards for approval. The FFW's decision was final and binding, and could not be appealed.

United Voice

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