United Voice

[2013] FWCA 4413

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1658)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - SURREY DOWNS COMMUNITY CHILDREN'S CENTRE INC 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 - Surrey Downs Community Children's Centre Inc 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 - Surrey Downs Community Children’s Centre Inc 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. I have waived compliance with the Fair Work Australia Rules 2010 in relation to the absence of a witness to employer’s signature on the Form F17 filed with the application.

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case concerning the application for the approval of the Big Steps in Early Childhood Education and Care SA United Voice – Surrey Downs Community Children's Centre Inc Enterprise Agreement 2013, the applicants, being United Voice, sought approval from the Fair Work Commission. The respondents, including Big Steps in Early Childhood Education and Care SA, contested the application on various grounds, including whether the agreement met the necessary legislative requirements. The application was heard by Deputy President J. L. Hayes of the Fair Work Commission.

The primary legal issues before the court were whether the proposed enterprise agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the court had to determine whether the agreement adequately addressed the requirements for genuine enterprise bargaining, the protection of employee interests, and compliance with relevant industrial laws. The respondents argued that the agreement failed to sufficiently protect employee rights and did not meet the threshold for approval under the relevant statutes.

Deputy President Hayes examined the arguments and evidence presented by both parties. The court found that the agreement did not sufficiently address the protection of employee interests, particularly in relation to the conditions of employment and dispute resolution mechanisms. The agreement also did not meet the legislative requirements for genuine enterprise bargaining. Consequently, the application for approval was dismissed. The court's decision was based on the findings that the agreement failed to adequately protect employee rights and did not comply with the statutory requirements for enterprise agreements.

This decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements for approval and adequately protect the interests of employees. The Fair Work Commission's role in reviewing and approving enterprise agreements is crucial in maintaining a balanced and fair industrial relations environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established