United Voice

[2013] FWCA 4553

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7412)

CHILDREN'S CHOICE EARLY EDUCATION CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 11 JULY 2013

Application for approval of the Children's Choice Early Education Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Children's Choice Early Education 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) by United Voice.

[2] On the basis of the material before me, 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] The 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, will operate from 18 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 matter of United Voice, the applicant sought approval of the Children's Choice Early Education Centre and United Voice Big Steps Enterprise Agreement 2013. The application was made to the Fair Work Commission, which has jurisdiction over industrial matters in Australia. The applicant, United Voice, is a registered trade union representing employees within the early childhood education sector. The dispute arose from the negotiation and subsequent agreement of terms and conditions of employment between the union and the employer, which was required to be approved by the Commission to have legal effect.

The central legal issues before the Commission were whether the terms of the Enterprise Agreement were fairly and appropriately negotiated, whether the agreement met the criteria for approval under the Fair Work Act 2009, and whether the process of negotiation was conducted in good faith. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms, if it was made in accordance with the relevant legislative requirements, and whether it adequately represented the interests of the employees.

The Fair Work Commission determined that the Enterprise Agreement met all necessary criteria for approval. The Commission found that the agreement was the product of genuine negotiations between the parties, and that it provided for fair and reasonable terms of employment. The Commission noted the presence of provisions that went beyond the minimum entitlements required by law, which demonstrated a commitment to fair treatment of employees. Furthermore, the Commission was satisfied that the process of negotiation was conducted in good faith and that the agreement fairly represented the interests of the employees.

The Commission approved the Enterprise Agreement, thereby resolving the dispute. The decision confirmed the validity and enforceability of the agreement, which will now govern the employment terms and conditions between the union and the employer. This outcome ensures that the employees of the Children's Choice Early Education Centre are protected under a legally recognised agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established