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[2013] FWCA 4743

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1835)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - OASIS COMMUNITY CHILDREN'S 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 - Oasis Community Children's 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 - Oasis Community Children's 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] 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.

[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 them. As required by s.201 (2) of the Act, I note that the Agreement covers that organisation.

[4] 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

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CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Big Steps in Early Childhood Education SA and the United Voice union, specifically for the Oasis Community Children's Centre. The matter was heard in the Fair Work Commission. The union sought approval of the agreement, which had been negotiated with the employer, to ensure that it met the statutory requirements under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement complied with the relevant legislative provisions and whether it was fair and reasonable for the parties involved.

The Commission examined the provisions of the agreement and considered whether it adhered to the requirements set out in the Fair Work Act, including the provisions relating to minimum wages, penalty rates, and other employment conditions. The Commission also evaluated the fairness and reasonableness of the agreement, taking into account the bargaining positions of the parties and the overall impact of the agreement on the employees and the employer. In making its decision, the Commission considered the principles of good faith bargaining and the need to promote harmonious, productive and cooperative workplace relations.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement was fair and reasonable and complied with the relevant legislative provisions. The Commission approved the agreement, noting that it provided for appropriate wages and conditions for the employees while also taking into account the financial position of the employer. The Commission's decision was based on the evidence presented and its assessment of the overall fairness and reasonableness of the agreement. No further orders were made.

United Voice

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