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[2013] FWCA 5249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2059)

GLENDALE EARLY EDUCATION CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 31 JULY 2013

Application for approval of the Glendale Early Education Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Glendale Early Education 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 am satisfied that each of the requirements of ss.186, 187 and 188 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 it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 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 applicant, United Voice, sought approval of the Glendale Early Education Centre and United Voice Big Steps Enterprise Agreement 2013. This agreement was between the applicant and the employer, Glendale Early Education Centre. The Fair Work Commission (FWC) was the court. The applicant sought to have the agreement registered under the Fair Work Act 2009. This would make the agreement legally enforceable on the employer and its employees.

The applicant argued that the agreement had been negotiated in good faith, covered all employees, and contained necessary terms and conditions. The employer did not oppose the application. However, the FWC considered whether the agreement met the criteria for registration under the Fair Work Act. This included whether the agreement had been negotiated in good faith, contained minimum entitlements, and did not have a detrimental effect on employees.

The FWC found that the agreement had been negotiated in good faith and contained all necessary terms and conditions. The FWC also found that the agreement did not have a detrimental effect on employees. Therefore, the FWC approved the agreement and ordered its registration. This made the agreement legally enforceable on the employer and its employees.

United Voice

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