United Voice

[2013] FWCA 4620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1565)

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

Children’s services
DEPUTY PRESIDENT BOOTH	SYDNEY, 11 JULY 2013

Application for approval of the Adamstown 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 Adamstown 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. The agreement is a single-enterprise agreement.

[2] 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) of the Act, I note that the Agreement covers the organisation.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application by the applicant, United Voice, for approval of the Adamstown Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The application was opposed by the employer, Adamstown Child Care Centre. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically in relation to the provisions concerning penalty rates and shift differentials.

The key legal issues before the Court were whether the provisions of the agreement regarding penalty rates and shift differentials were consistent with the objectives of the Fair Work Act. The applicant argued that the agreement appropriately balanced the interests of the employees and the employer, ensuring fair and reasonable terms of employment. The employer contested that the provisions concerning penalty rates and shift differentials were not fair and reasonable and did not meet the statutory objectives of the Act.

In delivering the decision, the Full Bench considered the relevant legislative framework and the principles guiding the approval of enterprise agreements. The Court noted that the Fair Work Act requires enterprise agreements to promote high levels of enterprise bargaining and to provide for fair and efficient workplace relations. The Court held that the provisions in question were consistent with these objectives, as they provided for reasonable terms and conditions of employment that balanced the needs of both parties. Consequently, the Court approved the agreement, finding that it met the statutory requirements for approval. The Court made orders approving the Adamstown Child Care Centre and United Voice Big Steps Enterprise Agreement 2013, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established