United Voice

[2013] FWCA 4003

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1428)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - GOOLWA 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 - Goolwa Children's Centre Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Early Childhood Education SA United Voice - Goolwa 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 case before the Fair Work Commission (FWC) involved United Voice, a union representing workers, and the Big Steps in Early Childhood Education SA (Big Steps), an employer. United Voice sought approval for a collective agreement between the union and Big Steps concerning the Goolwa Children's Centre. The agreement outlined various employment terms and conditions for employees at the centre, including wages, working hours, and other employment-related matters. The FWC was tasked with assessing whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC centred on whether the collective agreement complied with the requirements of the Fair Work Act. Specifically, the FWC had to determine if the agreement was a "registered agreement" under section 172 of the Act. This involved assessing whether the agreement had been fairly and genuinely negotiated between the employer and the union, and if it contained the necessary provisions as per the Act. Additionally, the FWC needed to ensure that the agreement did not adversely affect employees not covered by the agreement and that it did not contain any provisions that were inconsistent with the Act.

The FWC found that the proposed agreement was fairly and genuinely negotiated between the union and the employer. The agreement contained all necessary provisions required by the Fair Work Act, including provisions on wages, working hours, and other employment-related matters. The FWC determined that the agreement did not adversely affect employees not covered by it and that it did not contain any inconsistent provisions. Consequently, the FWC approved the agreement, finding it met all statutory requirements for registration under the Act.

The FWC approved the Big Steps in Early Childhood Education SA United Voice - Goolwa Children's Centre Collective Agreement 2013. This decision ensured that the terms and conditions set out in the agreement would legally bind the employer and the employees represented by the union, providing a framework for the employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established