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[2013] FWCA 4408

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1659)

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

Children's services
COMMISSIONER HAMPTON	ADELAIDE, 4 JULY 2013

Application for approval of the Big Steps in Early Childhood Education and Care SA United Voice - Il Nido 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 - Il Nido 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. In so finding, I note cl.S2.2 in Schedule 3 is clearly intended to be cl.S3.2.

[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 11 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved United Voice and the Big Steps in Early Childhood Education and Care SA United Voice - Il Nido Children's Centre Enterprise Agreement 2013. United Voice sought approval of the enterprise agreement under the Fair Work Act 2009. The agreement aimed to regulate the terms and conditions of employment for employees at the Il Nido Children's Centre in South Australia.

The primary legal issue the court had to address was whether the agreement met the requirements for direct registration under section 233 of the Fair Work Act 2009. The court considered whether the agreement contained the minimum mandatory terms as stipulated by the Act and if it had been fairly made. The court also examined whether the agreement was in the best interests of the employees and whether it would promote harmonious, productive, and cooperative workplace relations.

The court found that the agreement met all the necessary criteria for approval. It contained the minimum mandatory terms, had been fairly made, and was in the best interests of the employees. The court was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations. As such, the court approved the enterprise agreement under section 233 of the Fair Work Act 2009. This decision allowed the agreement to be registered and enforceable, providing a stable framework for the terms and conditions of employment at the Il Nido Children's Centre.

United Voice

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