United Voice

[2013] FWCA 4004

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1438)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - ABERFOYLE HUB COMMUNITY CHILDREN’S CENTRE INC 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 - Aberfoyle Hub Community Children's Centre Inc 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 - Aberfoyle Hub Community Children's Centre Inc 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 matter before the Fair Work Commission was an application for the approval of the Big Steps in Early Childhood Education SA United Voice - Aberfoyle Hub Community Children's Centre Inc Collective Agreement 2013. The application was brought by the employer, represented by United Voice, and the union, represented by the Australian Education Union. The agreement, which was proposed to cover employees working at the Aberfoyle Hub Community Children's Centre, required Fair Work Commission approval due to its nature and the parties involved.

The central legal issues for the Commission to determine were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, and whether it complied with the requirements of the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including remuneration, hours of work, leave, and other entitlements, and whether it complied with the procedural requirements for the making and approval of a registered agreement.

In making its decision, the Commission examined the content of the proposed agreement and the submissions made by both parties. It noted that the agreement contained terms and conditions that were consistent with those found in other agreements for similar employees in the early childhood education sector. The Commission also considered the process by which the agreement was negotiated and the extent to which the parties had complied with the relevant legislative requirements. Having found that the agreement met the statutory criteria for approval, the Commission approved the agreement, noting that it would provide for fair and reasonable terms and conditions for the employees covered by the agreement.

The Fair Work Commission approved the Big Steps in Early Childhood Education SA United Voice - Aberfoyle Hub Community Children's Centre Inc Collective Agreement 2013. This decision provides certainty for the employees covered by the agreement and ensures that they will be able to benefit from its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established