United Voice

[2013] FWCA 5111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7492)

MARGARET CRIBB CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 26 JULY 2013

Application for approval of the Margaret Cribb Child Care Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Margaret Cribb Child Care 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 2 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 Fair Work Commission involved United Voice, a union, and an employer in the childcare sector, concerning the approval of the Margaret Cribb Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The union sought the commission's approval of the agreement, which aimed to standardise and improve conditions for workers in the childcare sector. The employer contested the approval, asserting that the agreement was not suitable for the enterprise due to its specific circumstances and needs. The legal issues revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it facilitated improved efficiency, productivity, and profitability of the enterprise.

The commission considered the agreement's provisions and the evidence presented by both parties. It examined whether the agreement provided for modern and fair workplace practices and whether it was likely to improve the efficiency, productivity, and profitability of the enterprise. The commission noted the union's argument that the agreement aimed to address the unique challenges of the childcare sector, including the need for flexible working arrangements and adequate staffing levels. However, the employer argued that the agreement did not adequately account for the specific needs of their enterprise, which operated in a highly competitive market. Ultimately, the commission determined that the agreement met the criteria for approval, as it provided for improved working conditions and facilitated the efficient operation of the enterprise.

In its decision, the commission approved the agreement, finding that it met the statutory requirements for approval and would likely benefit the enterprise. The commission recognised the importance of the childcare sector and the need for fair and modern workplace practices to support the well-being of workers and the provision of quality care for children. The employer's concerns about the agreement's suitability for their specific enterprise were not sufficient to override the overall benefits it provided. The final orders included the approval of the Margaret Cribb Child Care Centre and United Voice Big Steps Enterprise Agreement 2013, subject to certain conditions and modifications to address the employer's concerns.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established