United Voice

[2013] FWCA 4013

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1496)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - YAWARRA CHILDREN'S SERVICES INC ENTERPRISE 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 - Yawarra Children's Services Inc Enterprise 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 - Yawarra Children's Services Inc Enterprise 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

In the case of United Voice, the Fair Work Commission was tasked with approving an enterprise agreement between Big Steps in Early Childhood Education SA and Yawarra Children's Services Inc. The dispute centred on whether the terms of the agreement were fair and reasonable, and if they met the requirements set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement adequately covered all employees within the bargaining unit, whether it provided for fair and reasonable terms and conditions of employment, and if it included any unlawful content. The Commission also had to consider submissions from the parties and any relevant evidence provided.

The Commission carefully reviewed the agreement, assessing its provisions against the criteria established in the Fair Work Act. It found that the agreement was comprehensive, covering all relevant employees and providing for fair and reasonable terms and conditions. The Commission also determined that the agreement did not contain any unlawful content. After weighing the evidence and submissions from both parties, the Commission concluded that the agreement was fair and reasonable.

In its decision, the Fair Work Commission approved the Big Steps in Early Childhood Education SA United Voice - Yawarra Children's Services Inc Enterprise Agreement 2013. This approval meant that the agreement could be implemented and would govern the employment terms and conditions for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established