United Voice

[2013] FWCA 5372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7634)

UPPER ROSS CHILDCARE CENTRE INC. AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT

Children’s services
VICE PRESIDENT CATANZARITI	DARWIN, 5 AUGUST 2013

Application for approval of the Upper Ross Childcare Centre Inc. and United Voice Big Steps Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Upper Ross Childcare Centre Inc. and United Voice Big Steps Enterprise Agreement (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 12 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 application before the court concerned the approval of a proposed enterprise agreement between the Upper Ross Childcare Centre Inc. and United Voice, a union representing childcare workers. The dispute was heard in the Fair Work Commission of Australia. The central legal issues revolved around whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, including whether it was appropriately certified and whether it complied with the provisions that govern the terms and conditions of employment.

The Commission examined the certification process and found it to be in accordance with the legislative framework. The agreement was certified by a certified bargaining representative, and the Commission considered the evidence presented regarding the negotiation process and the agreement's contents. The court analysed the terms of the agreement to ensure they complied with the relevant legislative criteria, including provisions on pay, hours of work, and other employment conditions. The Commission concluded that the agreement was fairly and properly negotiated and met the necessary requirements for approval.

Having found the agreement to be validly certified and compliant with the Fair Work Act, the Commission approved the proposed enterprise agreement. The decision confirmed the legal validity of the agreement and provided a framework for its implementation. This outcome ensured that the terms of employment for the childcare workers were adequately protected and in line with statutory requirements. The Commission's decision effectively resolved the dispute, providing a clear direction for the implementation of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established