United Voice Summary | CaseChat AU

[2013] FWCA 4631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1563)

LITTLE ACADEMY EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Little Academy Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Little Academy Early Learning 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

In the matter of United Voice, the applicant sought approval of the Little Academy Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The application was made before the Fair Work Commission. The dispute centered around the terms and conditions outlined in the proposed agreement, specifically those relating to wages, working conditions, and the scope of employment for staff at the Little Academy Early Learning Centre.

The key legal issues before the Commission were whether the terms of the proposed agreement were procedurally and substantively fair. The Commission was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. This involved examining the fairness of the agreement in terms of procedural fairness, as well as substantive fairness in relation to the terms and conditions proposed for the employees.

The Commission examined the process by which the agreement was negotiated and concluded that it had been conducted in a procedurally fair manner. It found that the agreement was substantively fair as it provided for reasonable terms and conditions of employment, including fair wages and conditions that met or exceeded the minimum standards set by the relevant industrial awards. The Commission determined that the agreement was in the best interests of the employees and did not unfairly disadvantage any party.

Consequently, the Commission approved the Little Academy Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The decision was based on the conclusion that the agreement met the statutory requirements for approval and was fair and reasonable for all parties involved. The approval of the agreement now provides the basis for the terms and conditions of employment for staff at the Little Academy Early Learning Centre.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established