United Voice

[2013] FWCA 4010

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1471)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - LURRA 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 - Lurra 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 - Lurra 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, United Voice, applied to the Fair Work Commission for approval of a collective agreement entered into with Lurra Community Children's Centre Inc. The agreement, concerning the wages and conditions of employees in the early childhood education sector, was made under the Fair Work Act 2009. The dispute centred on the procedural and substantive fairness of the agreement, including whether the union had correctly certified the agreement and whether the agreement was in the best interests of the employees.

The Commission considered whether the union had properly certified the agreement, whether the agreement was made in good faith, and whether the agreement was fair and reasonable in all its circumstances. The Commission found that the union had correctly certified the agreement and that the agreement had been made in good faith. The Commission also found that the agreement was fair and reasonable, taking into account the need to provide for the efficient and economic operation of the employer's business and the need to balance the interests of the employees and the employer.

The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for the employees and the employer. The agreement provided for a number of benefits for the employees, including wage increases and improved conditions of employment. The Commission also noted that the agreement was in line with the objectives of the Fair Work Act, which are to provide for the protection of workers and the promotion of workplace participation through the creation of a safe and productive work environment and the avoidance of workplace disputes. The Commission approved the agreement, subject to certain modifications to ensure that it met the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established