United Voice

[2013] FWCA 4008

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1440)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - ST FRANCIS COMMUNITY CHILD CARE 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 - St Francis Community Child Care 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 - St Francis Community Child Care 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

In the Fair Work Commission, United Voice, an association representing employees, applied for the approval of a collective agreement concerning the St Francis Community Child Care Centre Inc in South Australia. The agreement, titled "Big Steps in Early Childhood Education SA United Voice – St Francis Community Child Care Centre Inc Collective Agreement 2013", was contested by the employer, who raised objections regarding certain provisions. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around the interpretation and application of the statutory requirements for the approval of a certified agreement. The employer contested specific provisions on the grounds that they contravened the Act or were not genuinely negotiated. The Commission had to examine the negotiation process, the content of the agreement, and its compliance with relevant statutory provisions. Additionally, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment.

The Commission found that the contested provisions were consistent with the requirements of the Act and did not contravene any statutory provisions. It was determined that the agreement had been genuinely negotiated between the parties and that it provided for fair and reasonable terms and conditions. The Commission approved the collective agreement, finding it to be in compliance with the statutory criteria and suitable for registration. The Commission's decision was based on the evidence presented and the application of the relevant legal standards.

The Fair Work Commission approved the "Big Steps in Early Childhood Education SA United Voice – St Francis Community Child Care Centre Inc Collective Agreement 2013", dismissing the objections raised by the employer. The Commission determined that the agreement met all statutory requirements and was genuinely negotiated, providing for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established