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[2013] FWCA 4119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7053)

JOB TUBE TRUST ZETBAY TRUST T/A LITTLE HANDS EARLY LEARNING CENTRE MORAYFIELD AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 26 JUNE 2013

Application for approval of the Job Tube Trust Zetbay Trust T/A Little Hands Early Learning Centre Morayfield and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Job Tube Trust Zetbay Trust T/A Little Hands Early Learning Centre Morayfield 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

The Federal Court considered an application for approval of an enterprise agreement between the Job Tube Trust Zetbay Trust T/A Little Hands Early Learning Centre Morayfield and United Voice. The dispute arose from the process and content of the proposed agreement, which aimed to regulate the terms and conditions of employment for workers at the centre. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The key legal issues before the court were whether the agreement was genuinely negotiated, whether it complied with the statutory requirements of the Act, and whether it provided for the proper protection of workers' rights and interests.

The court examined the negotiation process to ensure it was genuine and not coerced. It considered the evidence provided by both parties regarding the negotiation process, including the conduct of the parties, the resources available to them, and the extent of their bargaining power. The court also assessed whether the agreement complied with the statutory requirements of the Fair Work Act, including provisions relating to minimum wages and conditions, and whether it provided for the proper protection of workers' rights and interests. The court found that the negotiation process was genuine, and the agreement complied with the statutory requirements of the Act. It also concluded that the agreement provided for the proper protection of workers' rights and interests.

The court approved the enterprise agreement, finding that it met the legal requirements and was in the best interests of the workers. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was not contrary to the public interest. The court's decision was based on a detailed analysis of the evidence and arguments presented by both parties, and it provides guidance for future enterprise agreements in the early learning sector. The final orders of the court were that the enterprise agreement be approved, and that the parties were bound by its terms and conditions.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established