United Voice

[2013] FWCA 4019

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1514)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - THE QUEEN ELIZABETH HOSPITAL COMMUNITY CHILD CARE 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 - The Queen Elizabeth Hospital Community Child Care 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 - The Queen Elizabeth Hospital Community Child Care 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] The employer has provided further clarification in respect of Schedule 4 - Early Years Quality Fund Wages Schedule and proposed formal written undertakings which are appended to the agreement as approved.

[3] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] 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.

[6] 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 case involved United Voice, an applicant seeking approval of the Big Steps in Early Childhood Education SA United Voice - The Queen Elizabeth Hospital Community Child Care Centre Collective Agreement 2013. The application was made before the Fair Work Commission. The primary dispute centred on the terms and conditions outlined within the collective agreement, specifically whether these terms were fair and reasonable and aligned with the broader objectives of the Fair Work Act 2009.

The legal issues that the court had to address were whether the terms of the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved scrutinising the agreement's provisions to ensure they did not unjustifiably harm the employees or employers, and whether they appropriately balanced the interests of both parties. The court also had to determine if the agreement was procedurally sound, meaning it was made following the correct processes as outlined by the Fair Work Act.

In its reasoning, the court evaluated the various provisions of the agreement against the statutory criteria for approval. It found that the agreement was generally fair and reasonable, taking into account the nature of the work involved and the specific circumstances of the employees and employers. The court also concluded that the agreement was procedurally valid, having been made in accordance with the relevant sections of the Fair Work Act. Consequently, the court approved the collective agreement, recognising its balance of interests and procedural integrity.

The final orders included the approval of the Big Steps in Early Childhood Education SA United Voice - The Queen Elizabeth Hospital Community Child Care Centre Collective Agreement 2013, subject to the terms and conditions set out in the agreement. The approval was contingent upon the agreement being registered with the Fair Work Commission, thereby providing a legally binding framework for the employment conditions within the specified workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established