United Voice

[2013] FWCA 4333

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1602)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - TOPSY TURVY CHILD CARE 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 - Topsy Turvy Child Care 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 - Topsy Turvy Child Care 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice, acting on behalf of its members employed at the Topsy Turvy Child Care Centre in South Australia, applied to the Fair Work Commission for approval of the Big Steps in Early Childhood Education and Care SA United Voice - Topsy Turvy Child Care Centre Enterprise Agreement 2013. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval and whether it complied with the provisions of the Fair Work Act 2009. The legal issues that the Fair Work Commission needed to address included whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the relevant provisions of the Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it adhered to the principles of the Fair Work Act.

The Fair Work Commission assessed the agreement against the statutory criteria set out in the Fair Work Act. It considered whether the agreement had been made in good faith, whether it provided for the minimum terms and conditions as outlined in the Act, and whether it was in the best interests of the employees. The Commission also examined whether the agreement complied with the principles of the Act, including the protection of vulnerable employees and the promotion of economic and social objectives. After thorough deliberation, the Fair Work Commission determined that the agreement met all the necessary legal requirements and was in the best interests of the employees. The Commission approved the agreement, recognising its compliance with the Act and its potential to benefit the employees.

Following the approval of the enterprise agreement, the Fair Work Commission issued its decision, formalising the approval of the Big Steps in Early Childhood Education and Care SA United Voice - Topsy Turvy Child Care Centre Enterprise Agreement 2013. The decision outlined the Commission's reasoning and confirmed that the agreement complied with the relevant provisions of the Fair Work Act. The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision, and the requirement for the agreement to be registered with the Fair Work Ombudsman. The decision provided clarity and certainty to the parties involved, ensuring that the agreement would govern the employment conditions of the employees at the Topsy Turvy Child Care Centre in accordance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established