United Voice

[2013] FWCA 5451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7505)

CAIRNS AND DISTRICT CHILDCARE DEVELOPMENT ASSOCIATION INC AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	DARWIN, 7 AUGUST 2013

Application for approval of the Cairns and District Childcare Development Association Inc and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cairns and District Childcare Development Association Inc 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 14 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, Cairns and District Childcare Development Association Inc, sought approval of an enterprise agreement with United Voice under the Fair Work Act 2009. The application was brought before the Fair Work Commission, and the respondent, Fair Work Australia, was required to determine whether the agreement met the criteria for registration under section 231 of the Act. The primary legal issue before the Commission was whether the enterprise agreement was "fair and reasonable" as required by the Act. The Commission had to consider various factors, including the extent to which the agreement promoted workplace efficiency, productivity, and sustainability, and whether it provided for the fair treatment of employees and appropriate mechanisms for resolving workplace disputes.

The Commission noted that the agreement was the result of good faith negotiations between the parties and contained provisions that addressed key issues such as wages, working conditions, and dispute resolution mechanisms. The Commission found that the agreement promoted workplace efficiency and productivity by providing for flexible working arrangements and allowing for the allocation of tasks based on employee skills and availability. The Commission also noted that the agreement provided for the fair treatment of employees and included appropriate mechanisms for resolving workplace disputes, such as a dispute resolution procedure and provisions for employee representation. The Commission concluded that the agreement met the criteria for registration under the Act and was fair and reasonable.

The Fair Work Commission approved the Cairns and District Childcare Development Association Inc and United Voice Big Steps Enterprise Agreement 2013. The decision emphasised the importance of good faith negotiations and the need for enterprise agreements to promote workplace efficiency, productivity, and sustainability while providing for the fair treatment of employees and appropriate mechanisms for resolving workplace disputes. The approval of the agreement provided certainty and stability for the parties and their employees, and the Commission's decision provided guidance for future enterprise agreements in the childcare industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established