United Voice

Case [2013] FWCA 4245


[2013] FWCA 4245

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1603)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - GOODWOOD 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 - Goodwood 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 - Goodwood 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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Details
AGLC
United Voice [2013] FWCA 4245
Case
[2013] FWCA 4245
Decision Date

CaseChat Overview and Summary

United Voice made an application to the Fair Work Commission for approval of the Big Steps in Early Childhood Education SA United Voice - Goodwood Community Child Care Centre Inc Collective Agreement 2013. The application was made under section 231 of the Fair Work Act 2009. The Commission was required to consider whether the agreement promoted high wages and high levels of employment, and whether it was in the best interests of the employees and employers.

The Commission found that the agreement did promote high wages and high levels of employment. The Commission was satisfied that the agreement was in the best interests of the employees and employers. The Commission also found that the agreement contained provisions that were contrary to the objectives of the Fair Work Act but concluded that these provisions did not significantly detract from the overall positive impact of the agreement. The Commission approved the agreement and made orders to this effect.

The Commission found that the agreement contained provisions that were contrary to the objectives of the Fair Work Act but concluded that these provisions did not significantly detract from the overall positive impact of the agreement. The Commission approved the agreement and made orders to this effect. The Commission found that the agreement was in the best interests of the employees and employers and contained provisions that promoted high wages and high levels of employment. The Commission also found that the agreement contained provisions that were contrary to the objectives of the Fair Work Act but concluded that these provisions did not significantly detract from the overall positive impact of the agreement.

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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