United Voice

[2013] FWCA 4246

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1596)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - HAPPY VALLEY COMMUNITY CHILD CARE CENTRE 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 - Happy Valley Community Child Care Centre 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 - Happy Valley Community Child Care Centre 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, acting on behalf of employees at the Happy Valley Community Child Care Centre in South Australia, applied to the Fair Work Commission for approval of the "Big Steps in Early Childhood Education SA United Voice - Happy Valley Community Child Care Centre Collective Agreement 2013." The application was opposed by the employer, who raised concerns about certain provisions of the agreement.

The central legal issue before the commission was whether the provisions of the collective agreement were consistent with the requirements of the Fair Work Act 2009, specifically in relation to the terms and conditions of employment. The employer argued that some clauses in the agreement did not comply with the Act and were therefore invalid. The main contentions centred around issues such as penalty rates, shift differentials, and the definition of "rostered day off."

The commission carefully examined the provisions of the agreement in light of the relevant statutory provisions. It found that some clauses did indeed contravene the Fair Work Act, particularly in relation to the definition of a "rostered day off" and the calculation of penalty rates. The commission emphasised the importance of ensuring that all terms in an agreement are legally sound and fair. After making the necessary amendments to correct the non-compliant provisions, the commission approved the collective agreement, finding it to be otherwise fair and reasonable.

The final order of the commission was that the "Big Steps in Early Childhood Education SA United Voice - Happy Valley Community Child Care Centre Collective Agreement 2013" be approved, subject to the amendments made to correct the non-compliant provisions. The employer was directed to implement the approved agreement, and the union was required to inform its members of the outcome and the changes made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established