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[2013] FWCA 3999

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1407)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - WARRADALE COMMUNITY CHILDREN'S CENTRE COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER HAMPTON	ADELAIDE, 21 JUNE 2013

Application for approval of the Big Steps in Early Childhood Education SA United Voice - Warradale Community Children's Centre Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Big Steps in Early Childhood Education SA United Voice - Warradale Community Children's Centre Collective 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.

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

COMMISSIONER

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CaseChat Overview and Summary

The applicant, United Voice, sought approval for the Big Steps in Early Childhood Education SA United Voice - Warradale Community Children's Centre Collective Agreement 2013 from the Fair Work Commission. The respondent, the employer, objected to the application. The dispute centred on whether the proposed agreement met the necessary legal standards and criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement appropriately addressed the rights and obligations of both employees and employers and complied with relevant statutory provisions.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, if it adhered to the provisions of the Fair Work Act, and if it balanced the interests of both parties. Additionally, the Commission had to consider if the agreement was consistent with the principles of good faith bargaining and if it provided for a fair dispute resolution process. The Commission also assessed whether the agreement was consistent with the broader industrial relations framework and if it provided for appropriate mechanisms to ensure compliance and enforcement.

The Commission examined the details of the proposed agreement and considered the submissions from both parties. The Commission found that the agreement was fair and reasonable, met all statutory requirements, and was consistent with the principles of good faith bargaining. The agreement provided for appropriate terms and conditions that balanced the interests of both parties and included provisions for dispute resolution. The Commission approved the agreement, finding that it complied with the Fair Work Act and was consistent with the broader industrial relations framework.

The Fair Work Commission approved the Big Steps in Early Childhood Education SA United Voice - Warradale Community Children's Centre Collective Agreement 2013. The Commission's decision was based on its finding that the agreement met all necessary legal standards and criteria for approval, provided for fair and reasonable terms and conditions, and balanced the interests of both parties. The agreement was consistent with the principles of good faith bargaining and provided for appropriate mechanisms for dispute resolution and compliance. The Commission's decision was made in accordance with the provisions of the Fair Work Act 2009.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established