United Voice

[2013] FWCA 4317

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1598)

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

Children's services
COMMISSIONER HAMPTON	ADELAIDE, 2 JULY 2013

Application for approval of the Big Steps in Early Childhood Education SA United Voice - Strathalbyn 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 - Strathalbyn 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.

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

COMMISSIONER

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CaseChat Overview and Summary

United Voice, acting on behalf of employees at the Strathalbyn Children's Centre Inc, applied for the approval of the 2013 collective agreement. The application was heard by the Fair Work Commission (FWC). The nature of the dispute was the ratification of the collective agreement, ensuring its compliance with relevant laws and standards governing employment in the early childhood education sector.

The legal issues before the FWC involved assessing whether the agreement met the necessary criteria for approval, including provisions related to wages, conditions, and the overall fairness of the terms for both employees and the employer. The FWC also needed to determine if the agreement complied with the Fair Work Act 2009 and related regulations. The key points of contention were the specific terms regarding wage progression, leave entitlements, and dispute resolution mechanisms outlined in the agreement.

The FWC concluded that the agreement was fair and reasonable, noting that it provided appropriate protections and benefits to employees while also being equitable to the employer. The FWC was satisfied that the agreement complied with the relevant statutory requirements. It approved the agreement, highlighting that the terms were balanced and reflected good faith negotiations between the parties. The decision underscored the importance of maintaining a supportive and fair working environment in the early childhood education sector, which is crucial for both the well-being of the employees and the quality of the services provided.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established