United Voice

[2013] FWCA 5717

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2093)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - LITTLE SHINING STARS CHILD CARE CENTRE 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 - Little Shining Stars Child Care Centre 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 - Little Shining Stars Child Care Centre 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

The applicant, United Voice, sought approval of the Big Steps in Early Childhood Education and Care SA United Voice - Little Shining Stars Child Care Centre Enterprise Agreement 2013. The applicant alleged that the agreement met the requirements of the Fair Work Act 2009 (Cth) and the Fair Work (Registered Organisations) Act 2009 (Cth). The respondent, Little Shining Stars Child Care Centre, did not oppose the application but raised issues concerning the agreement's certification. The case was heard in the Fair Work Commission.

The primary issue for the Commission was whether the agreement was fairly and properly certified as a simple, genuine and accurate copy of an enterprise agreement. The Commission needed to determine whether the agreement complied with the relevant statutory requirements and whether it was made in good faith. The Commission also considered whether the agreement was appropriately certified by a registered bargaining representative.

The Commission found that the agreement was fairly and properly certified and met the requirements of the relevant statutes. The Commission noted that the agreement was a simple, genuine and accurate copy of an enterprise agreement. The Commission also found that the agreement was made in good faith and complied with the relevant statutory requirements. The Commission accepted that the agreement was appropriately certified by a registered bargaining representative. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Big Steps in Early Childhood Education and Care SA United Voice - Little Shining Stars Child Care Centre Enterprise Agreement 2013. The Commission found that the agreement was fairly and properly certified and met the requirements of the relevant statutes. The Commission also found that the agreement was made in good faith and was appropriately certified by a registered bargaining representative. The agreement was approved and will now be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established