United Voice

[2013] FWCA 4370

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7173)

HAYES STREET COMMUNITY CHILDCARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 5 JULY 2013

Application for approval of the Hayes Street Community Childcare 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 Hayes Street Community Childcare 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 applicant, United Voice, sought approval for the Hayes Street Community Childcare Centre and the United Voice Big Steps Enterprise Agreement 2013 from the Fair Work Commission. The Commission was tasked with determining whether the agreement provided for terms and conditions that were fair and reasonable. United Voice argued that the agreement was necessary for the smooth operation of the childcare centre and represented a fair and reasonable agreement. The opposition came from several employers and unions, who claimed that the agreement unfairly disadvantaged employees and did not meet the standards set out in the Fair Work Act 2009.

The Commission needed to assess whether the agreement met the criteria for approval under the Fair Work Act. This included evaluating whether the agreement provided for terms and conditions that were fair and reasonable, and whether it met the specific requirements for an enterprise agreement. The Commission also had to consider the impact of the agreement on the employees of the Hayes Street Community Childcare Centre and the broader implications for the industry.

After reviewing the submissions and evidence from both parties, the Commission concluded that the agreement was fair and reasonable. The Commission found that the agreement provided for terms and conditions that were in line with industry standards and took into account the specific needs of the childcare centre. The Commission also determined that the agreement met the requirements for an enterprise agreement under the Fair Work Act. The Commission approved the Hayes Street Community Childcare Centre and the United Voice Big Steps Enterprise Agreement 2013.

The Commission's decision was based on the evidence presented and the specific circumstances of the childcare centre. The Commission found that the agreement was necessary for the smooth operation of the centre and provided for fair and reasonable terms and conditions for employees. The Commission also determined that the agreement did not have a negative impact on the broader industry. The decision sets a precedent for similar agreements in the childcare industry and provides guidance for future negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established