United Voice Summary | CaseChat AU

[2013] FWCA 4411

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1657)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - STURT STREET COMMUNITY CHILD CARE 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 - Sturt Street Community Child Care 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 - Sturt Street Community Child Care 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 involves United Voice, an applicant seeking approval of the Big Steps in Early Childhood Education and Care SA United Voice - Sturt Street Community Child Care Centre Enterprise Agreement 2013. The respondent is the employer, Big Steps in Early Childhood Education and Care SA. The application was heard in the Fair Work Commission. The primary dispute centres on whether the proposed enterprise agreement meets the legal requirements for approval under the Fair Work Act 2009. The issues encompass whether the agreement adheres to the procedural prerequisites, including the provision of required documentation and the conduct of a proper ballot, and whether it addresses the minimum rights and protections as outlined in the Act.

The Fair Work Commission examined the procedural aspects of the application, ensuring that the necessary documentation had been provided and that the ballot process was conducted fairly and in compliance with the law. The Commission also assessed whether the agreement provides for fair and reasonable terms and conditions, including pay and conditions for employees, and whether it ensures that employees' minimum rights are preserved. The court considered submissions from both parties and evaluated the content of the proposed agreement against statutory requirements.

After careful consideration, the Fair Work Commission found that the application met the procedural requirements and that the proposed enterprise agreement provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement complied with the minimum standards set by the Fair Work Act 2009. Consequently, the Commission approved the Big Steps in Early Childhood Education and Care SA United Voice - Sturt Street Community Child Care Centre Enterprise Agreement 2013.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision, and mandated that the agreement be registered with the Fair Work Ombudsman. The decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

United Voice

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Background to the litigation

Evidence Before The Court

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Legal Principle Established