United Voice

[2013] FWCA 5678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7788)

KALLAHRA CHILDCARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	MELBOURNE, 13 AUGUST 2013

Application for approval of the Kallahra 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 Kallahra 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 20 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

United Voice, representing employees of the Kallahra Childcare Centre, applied for approval of the United Voice Big Steps Enterprise Agreement 2013. The Australian Industrial Relations Commission (AIRC) was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The primary legal issues revolved around whether the agreement was made in good faith and if it contained the minimum terms and conditions as outlined in the Act. Additionally, the court had to assess if the agreement was properly certified and whether it complied with procedural fairness.

The AIRC found that the agreement was made in good faith and contained all the minimum terms and conditions. The process of certification was deemed to have been followed correctly, and there were no procedural irregularities that would invalidate the agreement. The court emphasised the importance of ensuring that agreements are not only substantively fair but also procedurally sound. The AIRC concluded that the agreement was fair and appropriate for approval.

Consequently, the AIRC approved the United Voice Big Steps Enterprise Agreement 2013 for the employees of the Kallahra Childcare Centre, effective from 1 July 2013. This decision was based on the AIRC’s finding that the agreement met all legal requirements and was fair to both the employees and the employer. The approval of the agreement now provides a stable framework for the terms and conditions of employment at the childcare centre, ensuring that it operates within the bounds of industrial law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established