United Voice

[2013] FWCA 5395

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2009)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - CHILD'S PLAY EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 6 AUGUST 2013

Application for approval of the Big Steps in Early Childhood Education and Care SA United Voice - Child's Play Early Learning 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 - Child's Play Early Learning 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 13 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

In the case of United Voice, the Fair Work Commission (FWC) was asked to approve the Big Steps in Early Childhood Education and Care SA United Voice – Child's Play Early Learning Centre Enterprise Agreement 2013. The applicant, United Voice, sought approval of the agreement, while the respondent, Big Steps in Early Childhood Education and Care SA, did not oppose the application but submitted that the FWC should make an order for the agreement to be registered as a modern award. The legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act 2009 for approval and registration as a modern award, and whether it was a genuine agreement that provided fair and reasonable terms and conditions for employees.

The FWC found that the agreement met the requirements for approval under section 234 of the Fair Work Act 2009. The FWC noted that the agreement had been negotiated in good faith and covered all the matters that were the subject of the negotiations. The FWC also found that the agreement provided fair and reasonable terms and conditions for employees, including provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The FWC further found that the agreement provided for the establishment of a committee to monitor the implementation of the agreement and to resolve any disputes that may arise.

The FWC approved the agreement and ordered that it be registered as a modern award. The FWC noted that the agreement provided a comprehensive set of terms and conditions for employees in the early childhood education and care industry, and that it provided a framework for the ongoing negotiation of future agreements. The FWC also noted that the agreement provided for the establishment of a committee to monitor the implementation of the agreement and to resolve any disputes that may arise. The FWC further noted that the agreement provided for the protection of employees' rights and interests, and that it provided a fair and reasonable outcome for all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established