United Voice

[2013] FWCA 4464

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1656)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - REYNELLA COMMUNITY CHILDREN'S CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER HAMPTON	ADELAIDE, 5 JULY 2013

Application for approval of the Big Steps in Early Childhood Education and Care SA United Voice - Reynella Community Children's Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Big Steps in Early Childhood Education and Care SA United Voice - Reynella Community Children's Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by United Voice. The Agreement is a single-enterprise agreement.

[2] 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, 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, applied for the approval of the Big Steps in Early Childhood Education and Care SA United Voice – Reynella Community Children's Centre Enterprise Agreement 2013. The application was made under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement was a "better off overall test" (BOOT) agreement and whether it contained provisions that were outside the scope of the Act. The Commission had to determine if the agreement met the requirements of the Act, including the BOOT and whether the provisions were lawful and enforceable.

The Fair Work Commission found that the agreement was a BOOT agreement and that all provisions were within the scope of the Act. The Commission approved the agreement, stating that it was in the best interests of the employees and that it provided a fair and reasonable outcome. The Commission also found that the agreement did not contain any unlawful or unenforceable provisions.

The Fair Work Commission approved the Big Steps in Early Childhood Education and Care SA United Voice – Reynella Community Children's Centre Enterprise Agreement 2013. The agreement was found to meet the requirements of the Fair Work Act 2009, including the BOOT, and contained lawful and enforceable provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established