United Voice

[2013] FWCA 4079

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1410)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - CAMDEN COMMUNITY CHILD CARE 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 - Camden Community Child Care 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 - Camden Community Child Care 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

In the Fair Work Commission, the union United Voice applied for approval of an enterprise agreement for employees of the Camden Community Child Care. The agreement was entered into with the employer, Big Steps in Early Childhood Education and Care SA. The matter was heard by Deputy President M.J. Bryant. The primary legal issue before the commission was whether the agreement fulfilled the requirements of section 231 of the Fair Work Act 2009. This section mandates that agreements must be certified as "not-disapproved" by the Fair Work Commission to be protected by the Act.

The commission considered whether the agreement met the procedural and substantive requirements for approval. Procedurally, the union needed to demonstrate that the agreement was made in good faith and involved genuine bargaining. Substantively, the agreement had to comply with the provisions of the Act, including those relating to minimum rates of pay, maximum weekly hours, and other terms and conditions of employment. The commission found that the union had adequately demonstrated good faith and genuine bargaining. It also found that the agreement met the substantive requirements of the Act, including the provision of minimum rates of pay and other terms and conditions of employment.

Consequently, the commission approved the agreement. The Deputy President concluded that the agreement was made in accordance with the provisions of the Act and did not contain any terms that would be contrary to the public interest. The agreement was therefore certified as "not-disapproved" under section 231 of the Act. The union's application for approval of the enterprise agreement was successful, and the agreement was registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established