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[2013] FWCA 4012

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1472)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - CONYNGHAM STREET COMMUNITY CHILDREN'S 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 - Conyngham Street Community Children's 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 - Conyngham Street Community Children's 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

The applicants, United Voice, sought the approval of a collective agreement between the employer and the union. The agreement in question governed the employment conditions of early childhood educators at the Conyngham Street Community Children's Centre in South Australia. The dispute was brought before the Fair Work Commission, which was required to determine whether the proposed agreement met the necessary legal standards for approval.

The primary legal issue the court needed to address was whether the terms of the collective agreement were in compliance with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement met the requirements for good faith bargaining and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to examine whether the agreement adequately covered all the necessary aspects of employment, including wages, hours of work, and other conditions, without contravening any statutory minimum standards.

The court found that the agreement was the product of genuine and good faith negotiations between the parties, which was evident from the detailed records of the bargaining process. It was also determined that the agreement provided for fair and reasonable terms and conditions of employment, as it reflected the needs and circumstances of the employees and the operational requirements of the employer. Furthermore, the court confirmed that the agreement included all the necessary aspects of employment and did not contravene any statutory minimum standards. As a result, the court approved the agreement and dismissed the application.

The Fair Work Commission approved the Big Steps in Early Childhood Education SA United Voice - Conyngham Street Community Children's Centre Inc Collective Agreement 2013, finding it to be in compliance with the relevant provisions of the Fair Work Act 2009. The approval ensures that the agreement will govern the employment conditions of early childhood educators at the centre, providing them with fair and reasonable terms and conditions of employment.

United Voice

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Legal Principle Established