United Voice Summary | CaseChat AU

[2013] FWCA 4005

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1439)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - ADELAIDE UNIVERSITY CHILDCARE SERVICES 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 - Adelaide University Childcare Services 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 - Adelaide University Childcare Services 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, applied for the approval of the Big Steps in Early Childhood Education SA United Voice - Adelaide University Childcare Services Collective Agreement 2013. The respondent, Big Steps, objected to the approval of the agreement on the basis that the applicant had not complied with the requirement under section 175 of the Fair Work Act 2009 (Cth) that an application for approval of a new agreement must be accompanied by the agreement itself. The Fair Work Commission heard the application. The central issue before the Commission was whether the application for approval of the collective agreement was properly made, given that the agreement itself was not included with the application. United Voice argued that the omission of the agreement was an administrative oversight and did not affect the validity of the application. Big Steps contended that the omission was a fundamental procedural defect that rendered the application invalid. The Commission held that the absence of the agreement with the application was a procedural error. However, it also noted that the omission did not prejudice Big Steps' ability to respond to the application. The Commission decided that the procedural error could be rectified, and the application could still proceed, provided that the agreement was submitted promptly. The Commission approved the application for the collective agreement, subject to the condition that the agreement be provided within a specified timeframe. The Commission further ordered that if the agreement was not provided within the set period, the application would be dismissed.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established