United Voice

[2013] FWCA 5398

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2067)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - GOLDEN GROVE HOMESTEAD COMMUNITY CHILDREN'S CENTRE INC COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 6 AUGUST 2013

Application for approval of the Big Steps in Early Childhood Education SA United Voice - Golden Grove Homestead Community Children's Centre Inc Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Big Steps in Early Childhood Education SA United Voice - Golden Grove Homestead Community Children's Centre Inc Collective 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 13 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the applicant, United Voice, applied for the approval of the Big Steps in Early Childhood Education SA United Voice - Golden Grove Homestead Community Children's Centre Inc Collective Agreement 2013. The application was brought before the Fair Work Commission, a federal workplace relations tribunal in Australia, which has jurisdiction over such matters. The dispute centred around the terms and conditions of employment for early childhood education workers within the specified community children's centre. The primary issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission considered several legal issues in this case. Firstly, it examined whether the agreement had been genuinely negotiated between the employer and the union. Secondly, the Commission had to determine if the agreement complied with the provisions of the Fair Work Act, particularly regarding the terms and conditions of employment, including wages, hours of work, and other entitlements. The Commission also assessed whether the agreement provided for a fair and reasonable resolution of any disputes that may arise between the employer and the employees.

In its decision, the Fair Work Commission found that the agreement had been genuinely negotiated between the parties and that it met the statutory requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment for the workers, and that it complied with the relevant provisions of the Fair Work Act. As such, the Commission approved the collective agreement, noting that it would provide stability and certainty for both the employer and the employees in the community children's centre. The approval of the agreement ensures that the workers will continue to receive fair wages and conditions, while also allowing the employer to operate within a predictable framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established