United Voice

[2013] FWCA 5063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7418)

ELFIN HOUSE COMMUNITY CHILD CARE CENTRE INCORPORATED T/A ELFIN HOUSE CHILD CARE CENTRE AND UNITED VOICE BIG STEPS AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	MELBOURNE, 25 JULY 2013

Application for approval of the Elfin House Community Child Care Centre Incorporated T/A Elfin House Child Care Centre and United Voice Big Steps Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Elfin House Community Child Care Centre Incorporated T/A Elfin House Child Care Centre and United Voice Big Steps 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 1 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

In the case of United Voice, the Fair Work Commission was asked to approve an agreement between Elfin House Community Child Care Centre Incorporated, trading as Elfin House Child Care Centre, and United Voice, a union. The nature of the dispute involved the terms and conditions of employment for the employees of the childcare centre, as stipulated in the United Voice Big Steps Agreement 2013. The legal issues at hand centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly with respect to its provisions on wages, working conditions, and other employment terms.

The commission examined the agreement to ensure it complied with the provisions of the Fair Work Act, including the requirement that the agreement promotes high wages, good working conditions, and a cooperative workplace. The commission considered whether the agreement adequately addressed these criteria, taking into account the specific context of the childcare industry. In its reasoning, the commission emphasised the importance of balancing the rights of employees with the operational needs of the employer, ensuring that the agreement did not unduly burden the business while also providing fair terms for the workforce.

After thorough consideration, the Fair Work Commission determined that the agreement was in the public interest and approved it. The commission found that the agreement adequately addressed the key aspects of fair remuneration, working conditions, and workplace cooperation. The commission's decision was based on the belief that the agreement would contribute to a harmonious and productive working environment, benefitting both the employees and the employer. Consequently, the commission's approval of the agreement will serve as a binding framework for employment terms at the Elfin House Child Care Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established