United Voice

[2013] FWCA 4369

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7288)

ATHERTON CHILDREN'S CENTRE INC - CHILDCARE PARENT AND FRIENDS COMMITTEE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 5 JULY 2013

Application for approval of the Atherton Children's Centre Inc - Childcare Parent and Friends Committee and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Atherton Children's Centre Inc - Childcare Parent and Friends Committee 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

In this matter, the Atherton Children's Centre Inc - Childcare Parent and Friends Committee applied for approval of the United Voice Big Steps Enterprise Agreement 2013. The application was heard by his Honour Deputy President R W A Gavan of the Fair Work Commission. The agreement in question was designed to cover employees working in the child care and kindergarten sector in Queensland, who were members of United Voice. The dispute centred on the interpretation and application of the Fair Work Act 2009 in relation to the certification and approval of the enterprise agreement.

The court was required to determine whether the agreement met the criteria for approval under section 231 of the Fair Work Act 2009. This involved examining whether the agreement had been fairly and independently made, whether it complied with the procedural requirements set out in the Act, and whether it was in the public interest to approve the agreement. The court also had to consider whether the agreement met the standards of fairness and reasonableness required by the Act.

The Fair Work Commission found that the agreement was appropriately certified and that it complied with the statutory requirements for approval. The Commission noted that the agreement had been independently made and that the process followed in its certification was fair and reasonable. The Commission also found that the agreement was in the public interest and that it met the standards of fairness and reasonableness required by the Act. The Commission approved the agreement, and it will now be registered with the Fair Work Commission.

The orders made by the Fair Work Commission were that the Atherton Children's Centre Inc - Childcare Parent and Friends Committee and United Voice Big Steps Enterprise Agreement 2013 be approved and registered as a registered agreement under section 174 of the Fair Work Act 2009. The agreement will now apply to employees working in the child care and kindergarten sector in Queensland who are members of United Voice.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established