United Voice

[2013] FWCA 5416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7656)

NATURES KIDS CHILDCARE CENTRE PTY LTD T/A NATURES KIDS CHILDCARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	DARWIN, 6 AUGUST 2013

Application for approval of the Natures Kids Childcare Centre Pty Ltd T/A Natures Kids 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 Natures Kids Childcare Centre Pty Ltd T/A Natures Kids 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 13 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 brought an application before the Fair Work Commission for approval of the Natures Kids Childcare Centre Pty Ltd T/A Natures Kids Childcare Centre and United Voice Big Steps Enterprise Agreement 2013. The primary dispute in this case concerned whether the enterprise agreement provided fair and reasonable terms and conditions for the employees working at the childcare centre. The legal issues centred around whether the agreement complied with the provisions of the Fair Work Act 2009, particularly focusing on whether it met the 'better off overall test' and whether it was free from prohibited content. The 'better off overall test' required the Commission to determine if the agreement would provide employees with a level of pay, leave, or other conditions that are no worse, and at least one aspect that is better, than what is provided under the relevant award or safety net.

The Fair Work Commission, in considering the application, evaluated whether the agreement provided for adequate minimum wages, reasonable hours of work, appropriate leave entitlements, and whether it included any provisions that might unfairly disadvantage employees. The Commission also assessed whether the agreement contained any content that was deemed prohibited under the Fair Work Act, such as provisions that could lead to discrimination or undermine the rights of employees. After thorough examination, the Commission found that the agreement met all statutory requirements and passed the 'better off overall test'. It was also free from any prohibited content, ensuring that it provided fair and reasonable terms and conditions for the employees.

Consequently, the Commission approved the enterprise agreement, confirming that it was fit for purpose and compliant with the Fair Work Act 2009. The decision was made in the interest of ensuring that the employees of the childcare centre would receive fair treatment and adequate protections under the terms of the agreement. The approval of the enterprise agreement was a significant step towards providing a stable and equitable working environment for the employees at Natures Kids Childcare Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established