United Voice

[2013] FWCA 4365

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/6858)

K3 CHILDCARE PTY LTD TRADING AS ROBINA GROVES CHILDREN'S CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 5 JULY 2013

Application for approval of the K3 Childcare Pty Ltd trading as Robina Groves Children's 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 K3 Childcare Pty Ltd trading as Robina Groves Children's 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 12 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 applicants, United Voice, sought approval of an enterprise agreement between K3 Childcare Pty Ltd, trading as Robina Groves Children’s Centre, and their employees. The applicants argued that the agreement was fair and reasonable, and the dispute was heard by the Fair Work Commission (FWC). The central legal issue for the FWC to decide was whether the enterprise agreement met the requirements of the Fair Work Act 2009 (Cth), specifically whether it was fair and reasonable for the employees of Robina Groves Children’s Centre. This involved examining the agreement's terms and conditions, the bargaining process, and the interests of the employees.

The FWC considered various factors, including the nature of the bargaining process, the terms and conditions of the agreement, and the impact on the employees. The FWC noted that the agreement had been negotiated in good faith and that the terms and conditions were fair and reasonable. The FWC also found that the agreement adequately protected the employees' interests and did not have an adverse effect on their employment conditions. The FWC concluded that the agreement met the criteria for approval under the Fair Work Act 2009 (Cth) and was therefore fair and reasonable.

Consequently, the FWC approved the enterprise agreement, determining that it was fair and reasonable for the employees. The approval ensured that the agreement would be legally binding and enforceable, providing certainty and stability for both the employer and the employees. The decision underscored the importance of fair and reasonable enterprise agreements in maintaining a balanced and equitable industrial relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established