United Voice

[2013] FWCA 4740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Voice
(AG2013/1836)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - KIDMAN PARK COMMUNITY CHILD CARE CENTRE COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 16 JULY 2013

Application for approval of the Big Steps in Early Childhood Education SA United Voice - Kidman Park Community Child Care Centre Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Big Steps in Early Childhood Education SA United Voice - Kidman Park Community Child Care Centre Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Pursuant to s.185(3)(b) of the Act time to file the application is extended.

[3] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act 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 them. As required by s.201 (2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 23 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the matter of United Voice, an application for approval of the Big Steps in Early Childhood Education SA United Voice - Kidman Park Community Child Care Centre Collective Agreement 2013, was heard. United Voice, the applicant, sought the court's approval of the collective agreement, which was entered into between the employer and the union. The employer, Big Steps in Early Childhood Education SA, operates the Kidman Park Community Child Care Centre. The union, United Voice, represents the employees of the centre.

The court was required to determine whether the collective agreement was in accordance with the Fair Work Act 2009. Specifically, the court had to consider whether the agreement met the criteria for approval, such as whether it provided for the pay and conditions of the employees, whether it was made in good faith, and whether it was free from any prohibited content. The court also had to consider whether the agreement complied with any relevant national employment standards.

The court found that the collective agreement met all the criteria for approval. The agreement provided for the pay and conditions of the employees, and the court was satisfied that it was made in good faith. The court also found that the agreement was free from any prohibited content and complied with all relevant national employment standards. The court approved the collective agreement, and the union's application was successful.

The court ordered that the Big Steps in Early Childhood Education SA United Voice - Kidman Park Community Child Care Centre Collective Agreement 2013 be approved and registered under the Fair Work Act 2009. The agreement would now be legally binding on the employer and the employees of the Kidman Park Community Child Care Centre. The union, United Voice, would also be recognised as the authorised bargaining agent for the employees of the centre.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established