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[2013] FWCA 5057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7409)

GLORIA BAINBRIGGE T/A MONTESSORI GARDEN EARLY LEARNING & CHILDCARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 25 JULY 2013

Application for approval of the Gloria Bainbrigge T/A Montessori Garden Early Learning & Childcare Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gloria Bainbrigge T/A Montessori Garden Early Learning & Childcare 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 and 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

United Voice sought approval of the Gloria Bainbrigge T/A Montessori Garden Early Learning & Childcare Centre and United Voice Big Steps Enterprise Agreement 2013. The parties involved in the dispute were United Voice, the applicant union, and the respondent, the employer. The dispute was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a "single interest" enterprise agreement and whether it was "in the interests of employees." Additionally, the Commission needed to consider whether the agreement was appropriately certified and if it complied with the procedural fairness requirements.

The Commission found that the agreement was a "single interest" enterprise agreement, as it was intended to cover employees in the early learning and childcare sector. The Commission also determined that the agreement was in the interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement had been appropriately certified and that the procedural fairness requirements had been met. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Gloria Bainbrigge T/A Montessori Garden Early Learning & Childcare Centre and United Voice Big Steps Enterprise Agreement 2013. This decision provided certainty for the parties involved and ensured that the agreement was fair and reasonable for the employees.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established