United Voice

[2013] FWCA 4114

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1497)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - WOODVILLE GARDENS SCHOOL 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 - Woodville Gardens School 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 - Woodville Gardens School 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

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CaseChat Overview and Summary

In the Federal Court of Australia, United Voice sought approval of the Big Steps in Early Childhood Education and Care SA United Voice - Woodville Gardens School Children's Centre Enterprise Agreement 2013. The applicant, an industrial organisation, sought to have the agreement approved under section 177 of the Fair Work Act 2009. The respondent, an employer, contested the approval on the grounds that the agreement did not meet the requirements of the Act.

The central legal issue before the court was whether the agreement was an appropriate enterprise agreement as defined by the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained the necessary bargaining and agreement-making processes as required by the Act. The respondent argued that the agreement did not comply with the procedural requirements and, therefore, should not be approved.

The court examined the evidence and arguments presented by both parties. It found that the agreement had been appropriately negotiated and that the necessary bargaining and agreement-making processes were followed. The court was satisfied that the agreement met all the statutory requirements and was, therefore, an appropriate enterprise agreement under the Act. Consequently, the court approved the agreement.

As a result of the court's decision, the Big Steps in Early Childhood Education and Care SA United Voice - Woodville Gardens School Children's Centre Enterprise Agreement 2013 was approved and came into effect. The agreement now governs the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established