United Voice

[2013] FWCA 4451

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7268)

KURILPA COMMUNITY CHILD CARE CENTRE INC AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 JULY 2013

Application for approval of the Kurilpa Community Child Care Centre Inc and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Kurilpa Community Child Care Centre Inc 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 16 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

The applicant, Kurilpa Community Child Care Centre Inc, sought approval of an enterprise agreement with United Voice, its employee representative, under the Fair Work Act 2009. The application was brought before the Fair Work Commission (FWC), a specialist Australian workplace relations tribunal. The applicant argued that the agreement was fair and reasonable, and should be approved. The respondent, United Voice, contended that the agreement did not meet the statutory criteria for approval.

The FWC considered several legal issues, including whether the agreement contained the minimum terms and conditions required by law, whether the agreement was fairly negotiated, and whether the agreement met the “better off overall test” under the Fair Work Act. The FWC also examined whether the agreement was consistent with the National Employment Standards and the National Workplace Relations Framework. The applicant argued that the agreement was fairly negotiated and met all the statutory requirements for approval.

In its decision, the FWC found that the agreement contained the minimum terms and conditions required by law and was fairly negotiated. The FWC also found that the agreement met the better off overall test and was consistent with the National Employment Standards and the National Workplace Relations Framework. The FWC approved the agreement, noting that it provided employees with a range of benefits, including increased wages and improved working conditions. The FWC also noted that the agreement provided for flexibility in the workplace, which was important for the childcare industry.

The FWC approved the enterprise agreement, subject to certain conditions and modifications. The agreement will now be registered with the Fair Work Commission and will apply to the employees of Kurilpa Community Child Care Centre Inc. The decision provides clarity for employers and employees in the childcare industry and sets a precedent for future enterprise agreements in the sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established