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[2013] FWCA 5367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7580)

THE MIKE REYNOLDS EARLY CHILDHOOD CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	DARWIN, 5 AUGUST 2013

Application for approval of The Mike Reynolds Early Childhood Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the The Mike Reynolds Early Childhood 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 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 case before the court involved United Voice, an organisation representing workers in early childhood education, and The Mike Reynolds Early Childhood Centre, an early childhood education provider. The matter was brought to seek approval of the United Voice Big Steps Enterprise Agreement 2013, which was intended to regulate the terms and conditions of employment for the centre's staff. The case was heard in the Fair Work Commission of Australia, an independent statutory body with jurisdiction over employment-related matters.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for "simplification and flexibility" provisions, which aim to streamline workplace arrangements and improve productivity. Additionally, the court had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, as mandated by the Act.

In its decision, the court found that the enterprise agreement did meet the requirements of the Fair Work Act. The agreement was deemed to provide for simplification and flexibility, as it streamlined certain workplace arrangements and allowed for more flexible working hours. The court also determined that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the early childhood education sector. Consequently, the court approved the United Voice Big Steps Enterprise Agreement 2013.

The Fair Work Commission ordered the approval of The Mike Reynolds Early Childhood Centre and United Voice Big Steps Enterprise Agreement 2013, effective from the date of the decision. This approval allows the agreement to govern the terms and conditions of employment for the centre's staff, subject to any necessary modifications or updates in the future. The court's decision provides certainty and stability for both the employer and employees, ensuring that the agreement aligns with the legal framework established by the Fair Work Act.

United Voice

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