United Voice

[2013] FWCA 4091

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1474)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - THE PINES COMMUNITY CHILDREN'S CENTRE 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 - The Pines Community Children's Centre 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 - The Pines Community Children's Centre 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

United Voice, the applicant, sought approval of the Big Steps in Early Childhood Education and Care SA United Voice – The Pines Community Children's Centre Enterprise Agreement 2013. The respondent, Big Steps in Early Childhood Education and Care SA, opposed the application on the basis that it did not meet the requirements of section 230 of the Fair Work Act 2009. The application was heard by the Fair Work Commission.

The central issue before the Commission was whether the agreement complied with the statutory requirements of section 230 of the Act, specifically whether it was in writing, contained terms relating to the employment of employees, and whether it had been agreed to by both parties. The Commission also considered whether the agreement met the criteria for being a small business national enterprise agreement.

In its decision, the Commission found that the agreement was in writing, contained terms relating to the employment of employees, and had been agreed to by both parties. The Commission held that the agreement met the definition of a small business national enterprise agreement under the Act. The Commission was satisfied that the agreement had been made in good faith and without coercion and that the process by which it was made was fair. The Commission also found that the agreement provided for matters that were not previously the subject of a registered agreement and that it was in the interests of the employees.

Accordingly, the Commission approved the agreement as a small business national enterprise agreement. The Fair Work Commission made an order approving the Big Steps in Early Childhood Education and Care SA United Voice – The Pines Community Children's Centre Enterprise Agreement 2013 as a small business national enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established