United Voice Summary | CaseChat AU

[2013] FWCA 4611
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
United Voice
(AG2013/1587)
GARFIELD CHILDCARE AND UNITED VOICE BIG STEPS EARLY
CHILDHOOD EDUCATOR ENTERPRISE AGREEMENT 2013
Children’s services

DEPUTY PRESIDENT BOOTH SYDNEY, 10 JULY 2013
Application for approval of the Garfield Childcare and United Voice Big Steps Early Childhood
Educator Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the Garfield

Childcare and United Voice Big Steps Early Childhood Educator 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 17 July

2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involves an application for the approval of the Garfield Childcare and United Voice Big Steps Early Childhood Educator Enterprise Agreement 2013. The application was made by United Voice, a bargaining representative, under section 185 of the Fair Work Act 2009. The agreement in question is a single-enterprise agreement intended to cover Garfield Childcare. The Deputy President of the Fair Work Commission, Booth, presided over the matter, which was heard in Sydney on July 10, 2013.

The primary legal issue before the court was whether the Garfield Childcare and United Voice Big Steps Early Childhood Educator Enterprise Agreement 2013 met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if sections 186, 187, and 188 of the Act had been satisfied. These sections pertain to the process and criteria for approving enterprise agreements, including ensuring that the agreement has been fairly negotiated and that it meets specific standards set out in the Act.

Upon reviewing the application and the agreement, Deputy President Booth found that all relevant statutory requirements had been met. The agreement was found to be compliant with the necessary provisions of the Fair Work Act. Consequently, the Deputy President approved the agreement, and it was set to operate from July 17, 2013. The nominal expiry date of the agreement was set for June 30, 2015.

United Voice

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