[2013] FWCA 5112 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
United Voice
(AG2013/7548)
REDLEAF SCHOOL OF EARLY LEARNING PTY LTD T/A EAGLEBY CHILDREN’S CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013
Educational services | |
VICE PRESIDENT CATANZARITI | SYDNEY, 26 JULY 2013 |
Application for approval of the Redleaf School of Early Learning Pty Ltd T/A Eagleby Children’s Centre and United Voice Big Steps Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the Redleaf School of Early Learning Pty Ltd T/A Eagleby Children’s 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
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- AGLC
- United Voice [2013] FWCA 5112
- Case
- [2013] FWCA 5112
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act, particularly sections 231 and 232, which outline the process for the approval of enterprise agreements. The Commission needed to consider whether the agreement had been made in good faith, whether it provided for fair and reasonable terms and conditions, and if it complied with the prescribed terms of the Act. Furthermore, the Commission had to ensure that the agreement met the "better off overall test" (BOOT), assessing whether the agreement would be more advantageous for the employees than the applicable award or existing agreements.
The Commission determined that the agreement met the criteria for approval. It found that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The Commission was satisfied that the proposed agreement would be better for the employees than the applicable award, as it included provisions for higher wages, improved working conditions, and better protections for employees. The Commission also noted that the agreement provided for adequate dispute resolution mechanisms and included provisions for ongoing consultation between the employer and employees. Consequently, the Commission approved the agreement, emphasising the importance of fair and reasonable terms and conditions for all parties involved.
The final orders of the Commission were that the Redleaf School of Early Learning Pty Ltd T/A Eagleby Children’s Centre and United Voice Big Steps Enterprise Agreement 2013 be approved and registered under the Fair Work Act. This decision ensures that the employees of the Eagleby Children’s Centre will benefit from the terms and conditions outlined in the agreement, providing them with improved employment conditions and protections.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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