United Voice

[2013] FWCA 4117

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7057)

LITTLE HANDS EARLY LEARNING CENTRE PTY LTD TRADING AS LITTLE HANDS EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 26 JUNE 2013

Application for approval of the Little Hands Early Learning Centre Pty Ltd trading as Little Hands Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Little Hands Early Learning Centre Pty Ltd trading as Little Hands Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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 as are relevant to this application for approval have been met.

[3] The 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 this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 3 July 2013. The nominal expiry date of the agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Little Hands Early Learning Centre Pty Ltd, trading as Little Hands Early Learning Centre, and United Voice sought approval of their 2013 enterprise agreement from the Fair Work Commission. The Commission was asked to consider the application in light of the Fair Work Act 2009 and the Fair Work Regulations 2009. The main issues for determination were whether the agreement was made in good faith and whether it met the requirements of the relevant legislation.

The Commission began by examining the process by which the agreement was made. It found that both parties had acted in good faith throughout the negotiation process and that the agreement reflected a genuine attempt to reach a resolution that was fair and reasonable for both parties. The Commission also considered the content of the agreement, including the terms and conditions of employment, and found that these were consistent with the principles of the Fair Work Act. The Commission determined that the agreement met all legislative requirements and approved it.

In approving the agreement, the Commission noted that it contained provisions for the protection of employees, including provisions for fair pay and conditions, and provisions for dispute resolution. The Commission was satisfied that the agreement provided a fair and reasonable outcome for both parties and that it would not have an adverse effect on the wider labour market. The Commission approved the agreement on the basis that it was made in good faith and met all the requirements of the Fair Work Act.

The Fair Work Commission approved the 2013 enterprise agreement between Little Hands Early Learning Centre and United Voice. The Commission found that the agreement was made in good faith and met all legislative requirements. The agreement provides for fair pay and conditions for employees and mechanisms for dispute resolution. The Commission approved the agreement on the basis that it would not have an adverse effect on the wider labour market.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established