United Voice

[2013] FWCA 4981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1883)

METFORD CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Metford 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 Metford 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 (UNION). 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

In the case of United Voice, the applicant sought approval of the Metford Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The dispute involved the terms of the proposed agreement, including the classification of roles, pay rates, and the method of calculating penalty rates. The applicant, United Voice, argued that the agreement should be approved as it provided fair and reasonable terms for employees in the child care sector. The respondent, Metford Child Care Centre, contended that certain provisions of the agreement were unreasonable and should not be approved.

The court was required to determine whether the provisions of the proposed agreement were fair and reasonable, in line with the relevant legislative framework. This involved examining the classification of roles, the calculation of penalty rates, and the overall fairness of the agreement in providing for the needs of both employees and employers in the child care industry.

The court concluded that the proposed agreement, with certain modifications, provided fair and reasonable terms for employees in the child care sector. The court found that the classification of roles was appropriate, and the pay rates were in line with industry standards. However, the court made adjustments to the calculation of penalty rates to ensure fairness for both parties. The court approved the amended agreement, subject to the modifications, finding that it provided for the needs of both employees and employers in the industry.

The final orders of the court included the approval of the amended Metford Child Care Centre and United Voice Big Steps Enterprise Agreement 2013, with certain modifications to the calculation of penalty rates. The agreement was to be registered and would apply to employees of the Metford Child Care Centre, subject to the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established