United Voice

[2013] FWCA 4966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1869)

CAVES BEACH EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 23 JULY 2013

Application for approval of the Caves Beach Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Caves Beach Early Learning 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 30 July 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 involved the applicant, United Voice, an industrial union, and the respondent, the Caves Beach Early Learning Centre, a childcare facility. The dispute arose over the approval of the United Voice Big Steps Enterprise Agreement 2013. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations matters.

The primary legal issue before the Commission was whether the proposed enterprise agreement adequately met the requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was fairly and appropriately negotiated, and if it included all necessary terms and conditions for the employees of the Caves Beach Early Learning Centre. The Commission also had to consider whether the agreement was in the best interests of the employees and if it complied with the statutory obligations under the Fair Work Act.

The Fair Work Commission determined that the proposed enterprise agreement was fairly negotiated and contained all necessary terms and conditions for the employees. The Commission found that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms, including provisions for pay, leave, and other employment conditions. The Commission further concluded that the agreement complied with the statutory obligations under the Fair Work Act. Consequently, the Commission approved the United Voice Big Steps Enterprise Agreement 2013.

As a result of the Commission's decision, the Caves Beach Early Learning Centre is now bound by the terms of the approved enterprise agreement. The agreement will govern the employment conditions of the employees at the facility, ensuring that they are fairly compensated and protected under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established