United Voice

[2013] FWCA 4247

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1597)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - MT BARKER COMMUNITY CHILD CARE CENTRE INC COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER HAMPTON	ADELAIDE, 1 JULY 2013

Application for approval of the Big Steps in Early Childhood Education SA United Voice - Mt Barker Community Child Care 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 - Mt Barker Community Child Care 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 8 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

United Voice, the union representing early childhood education employees, applied to the Fair Work Commission for approval of the Big Steps in Early Childhood Education SA United Voice - Mt Barker Community Child Care Centre Inc Collective Agreement 2013. The applicants sought to have the agreement approved in accordance with the Fair Work Act 2009. The employer, Mt Barker Community Child Care Centre Inc, did not object to the application, but the Centre for Independent Studies, an employer association, did object. The objector claimed that the agreement contained terms that did not meet the ‘better off overall test’ as the agreement would result in employees being worse off overall compared to their entitlements under the relevant awards and the National Employment Standards.

The Commission examined the evidence and arguments presented by the parties and considered the ‘better off overall test’. The Commission found that the agreement did not result in employees being worse off overall and that the agreement met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for improved wages and conditions for employees, including increased pay rates and reduced working hours. The Commission also noted that the agreement provided for flexibility and efficiency in the workplace, which was in the best interests of both the employees and the employer. The Commission approved the agreement, finding that it met the ‘better off overall test’ and was in the best interests of the employees and the employer.

The Commission approved the agreement, finding that it met the ‘better off overall test’ and was in the best interests of the employees and the employer. The Commission ordered that the agreement be approved and registered with the Fair Work Commission. The employer and the union were directed to take all necessary steps to give effect to the agreement, including providing a copy of the agreement to the Fair Work Ombudsman. The objector's objection was dismissed.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established