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[2013] FWCA 4412

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1644)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - CAMPBELLTOWN COMMUNITY CHILDREN'S CENTRE INC COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER HAMPTON	ADELAIDE, 4 JULY 2013

Application for approval of the Big Steps in Early Childhood Education SA United Voice - Campbelltown Community Children's Centre Inc Collective 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 - Campbelltown Community Children’s Centre Inc Collective 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.S2.3 in Schedule 3 is clearly intended to be cl.S3.3.

[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

United Voice sought approval for the Big Steps in Early Childhood Education SA United Voice - Campbelltown Community Children's Centre Inc Collective Agreement 2013 from the Fair Work Commission. The agreement was proposed as a safety net for employees at the centre, aiming to provide minimum terms and conditions of employment. The application was contested by the employer, who raised concerns about the agreement's compliance with legal standards and its implications for the centre's operations.

The central legal issues involved whether the collective agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided a safety net for employees, did not undermine a person's right to engage in protected industrial action, and complied with other legislative requirements. Additionally, the court had to consider the impact of the agreement on the centre's ability to operate effectively and fairly.

The Fair Work Commission examined the agreement in detail, focusing on its provisions and their implications for both the employees and the employer. The Commission found that the agreement provided a fair and reasonable safety net for the employees, met the legislative criteria, and did not have an adverse effect on the centre's operations. Consequently, the Commission approved the agreement, confirming its compliance with the relevant legal standards.

No further orders were made beyond the approval of the collective agreement. The Commission's decision provided clarity and certainty for both the employees and the employer, ensuring that the agreement would be implemented as intended.

United Voice

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