United Voice Summary | CaseChat AU

[2013] FWCA 4002

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1408)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - ALDINGA 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 - Aldinga 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 - Aldinga 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a request for the approval of a collective agreement between the Big Steps in Early Childhood Education SA and the Aldinga Community Children's Centre Inc, as negotiated by United Voice. The Commission was tasked with ensuring the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues centred on whether the agreement complied with the legislative criteria for approval, particularly focusing on whether the agreement contained provisions that were contrary to public policy or contrary to the objects of the Fair Work Act. This included examining whether the agreement adequately protected the rights and entitlements of employees and whether it adhered to the principles of good faith bargaining.

In delivering its decision, the Commission considered the content of the agreement and the process through which it was negotiated. The Commission determined that the agreement was fair and reasonable, as it provided for appropriate terms and conditions of employment while also recognising the specific needs of the early childhood education sector. The Commission also noted that the agreement was negotiated in good faith and did not contain any provisions that were contrary to public policy or the objects of the Act.

Consequently, the Commission approved the Big Steps in Early Childhood Education SA - Aldinga Community Children's Centre Inc Collective Agreement 2013, affirming that it met the necessary statutory criteria for approval. The decision underscored the importance of ensuring that collective agreements are fair and balanced, while also supporting the objectives of the Fair Work Act.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established