[2013] FWCA 4332 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
United Voice
(AG2013/1601)
BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - THE ROYAL ADELAIDE HOSPITAL COMMUNITY CHILDREN'S CENTRE ENTERPRISE AGREEMENT 2013
Children's services | |
COMMISSIONER HAMPTON | ADELAIDE, 2 JULY 2013 |
Application for approval of the Big Steps in Early Childhood Education and Care SA United Voice - The Royal Adelaide Hospital Community 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 - The Royal Adelaide Hospital Community 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 9 July 2013. The nominal expiry date of the Agreement is 30 June 2015.
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- AGLC
- United Voice [2013] FWCA 4332
- Case
- [2013] FWCA 4332
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court had to address were whether the enterprise agreement was genuinely negotiated and whether it adhered to the requirements set forth by the Fair Work Act 2009. Additionally, the court examined whether the agreement met the criteria for procedural fairness and if it contained all the necessary information required by the Fair Work Regulations. The court also considered whether the agreement was in the best interests of the employees and the employer, and whether it met the standard of good faith bargaining.
In reaching its decision, the court meticulously reviewed the evidence and submissions presented by both parties. The court found that the agreement was genuinely negotiated, as it was the result of good faith bargaining between the employer and the union. Furthermore, the court determined that the agreement was procedurally fair, as it was properly informed and transparent. The court also found that the agreement complied with the statutory requirements and was in the best interests of both the employees and the employer. Based on these findings, the court approved the enterprise agreement.
Consequently, the Fair Work Commission approved the "Big Steps in Early Childhood Education and Care SA United Voice - The Royal Adelaide Hospital Community Children's Centre Enterprise Agreement 2013", finding it to be in compliance with the necessary legal standards and in the best interests of the employees and employer. The agreement now serves as a binding contract governing the employment terms and conditions of the employees at the Royal Adelaide Hospital Community Children's Centre.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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