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[2013] FWCA 4318

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1599)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - VICTOR HARBOR CHILDCARE AND EDUCATION 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 - Victor Harbor Childcare and Education 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 - Victor Harbor Childcare and Education 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

The matter before the Fair Work Commission involved an application by United Voice for the approval of a collective agreement. The agreement in question was the Big Steps in Early Childhood Education SA United Voice - Victor Harbor Childcare and Education Centre Inc. Collective Agreement 2013. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the commission included whether the agreement contained provisions that were in breach of the Act and whether the agreement was made in good faith. Specifically, the commission needed to determine if the agreement's provisions regarding casual conversion and the application of the 20% threshold for penalty rates were in accordance with the law. Additionally, the commission examined whether the agreement had been made without coercion, and whether the bargaining process was fair and reasonable.

In its decision, the commission found that while the agreement contained some provisions that did not comply with the Fair Work Act, these issues were not substantial enough to invalidate the entire agreement. The commission acknowledged that the process leading to the agreement was generally fair, and that the parties had acted in good faith. Consequently, the commission approved the agreement, subject to certain modifications to ensure compliance with the Act. These modifications included clarifying the provisions on casual conversion and the application of the 20% threshold.

The final orders of the commission required the agreement to be amended to address the identified legal issues, and the modified agreement was to be resubmitted for approval. The commission emphasised that the modifications were necessary to ensure the agreement met all legal requirements, and that the overall process was fair and in good faith.

United Voice

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Orders of the court

Background to the litigation

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Legal Principle Established