United Voice

[2013] FWCA 4118

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1498)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - ROSEWORTHY CAMPUS CHILD CARE CENTRE INC ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER HAMPTON	ADELAIDE, 25 JUNE 2013

Application for approval of the Big Steps in Early Childhood Education and Care SA United Voice - Roseworthy Campus Child Care Centre Inc Enterprise 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 - Roseworthy Campus Child Care Centre Inc Enterprise 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. In so finding, I note cl.S2.2 in Schedule 3 is clearly intended to be cl.S3.2.

[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 2 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of United Voice involved an application for the approval of an enterprise agreement under the Fair Work Act 2009. The applicant, United Voice, sought approval for the Big Steps in Early Childhood Education and Care SA United Voice – Roseworthy Campus Child Care Centre Inc Enterprise Agreement 2013. The dispute arose when certain employees contested the proposed agreement, leading to the matter being brought before the Fair Work Commission.

The primary legal issue before the court was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was in the best interests of the employees it covered and if it adhered to the procedural requirements set forth in the legislation. This included examining whether the agreement had been fairly negotiated and if it contained appropriate mechanisms for resolving disputes.

In delivering its decision, the court emphasised the importance of the negotiation process and the substantive content of the proposed agreement. It noted that while the agreement had been negotiated in good faith, some provisions raised concerns regarding the treatment of certain employee groups. However, the court concluded that the overall benefits of the agreement, such as improved working conditions and pay rates, outweighed the identified issues. Consequently, the court approved the enterprise agreement, subject to certain conditions aimed at addressing the concerns raised during the proceedings.

The final orders of the court mandated that the approved enterprise agreement be registered and enforced, with the specified conditions being implemented to ensure fairness and compliance. The court's decision underscored the importance of balancing the interests of employers and employees in the negotiation and approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established