United Voice

[2013] FWCA 4014

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1510)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - GAWLER 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 - Gawler 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 - Gawler 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

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CaseChat Overview and Summary

United Voice, as the certified bargaining agent, applied to the Fair Work Commission for approval of the Big Steps in Early Childhood Education SA United Voice - Gawler Community Child Care Centre Inc Collective Agreement 2013. The applicant sought approval of the agreement under section 229 of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the ‘better off overall test’ under section 230(2)(a) of the Act. The employer and some employees opposed the application, contending that the agreement did not meet the test. The employer claimed that the agreement would impose unreasonable costs on the business and the employees argued that the agreement was not better off overall for employees.

The Commission noted that the agreement provided for pay increases over a four-year period, as well as improvements to conditions such as leave entitlements, rest breaks, and shift penalties. The employer argued that the pay increases and improved conditions would impose unreasonable costs on the business, resulting in job losses or reduced hours for employees. The Commission considered the employer’s submissions and found that the employer had not demonstrated that the agreement would result in unreasonable costs or adverse economic consequences. The Commission was satisfied that the agreement was better off overall for the employees and approved the agreement under section 231 of the Act.

The Fair Work Commission approved the Big Steps in Early Childhood Education SA United Voice - Gawler Community Child Care Centre Inc Collective Agreement 2013. The agreement provides for pay increases and improved conditions for employees, and the Commission was satisfied that the agreement was better off overall for the employees. The employer’s concerns about the economic impact of the agreement were not substantiated, and the Commission found that the agreement did not impose unreasonable costs on the business. The Commission approved the agreement under section 231 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established