United Voice

[2013] FWCA 4741

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1909)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - ST MORRIS COMMUNITY CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER STEEL	ADELAIDE, 16 JULY 2013

Application for approval of the Big Steps in Early Childhood Education and Care SA United Voice - St Morris Community Child Care Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Big Steps in Early Childhood Education and Care SA United Voice - St Morris Community Child Care Centre Enterprise 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice applied for approval of an enterprise agreement between the organisation and St Morris Community Child Care Centre, a childcare centre in South Australia. The Fair Work Commission heard the application. The legal issue before the Commission was whether the agreement complied with the relevant legislative provisions. Specifically, the Commission had to determine if the agreement was made in good faith, if it complied with the minimum entitlements set out in the National Employment Standards, and if it was fairly and appropriately negotiated.

The Commission found that the agreement was made in good faith and met the requirements of the National Employment Standards. The Commission also found that the agreement was fairly and appropriately negotiated. The Commission noted that the agreement contained provisions that were beneficial to the employees, such as provisions for additional leave and provisions for the payment of wages in lieu of notice. The Commission was satisfied that the agreement was an enterprise agreement within the meaning of the Fair Work Act 2009 and approved it.

The Commission made an order approving the enterprise agreement between United Voice and St Morris Community Child Care Centre. The agreement was approved as a single, integrated agreement that applied to all employees of the centre. The order was effective from the date of the Commission's decision and remained in force until it was varied or replaced by a new agreement. The Commission also ordered that the agreement be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established