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[2013] FWCA 3581

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1310)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - MAGILL CAMPUS & COMMUNITY CHILDREN'S CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER HAMPTON	ADELAIDE, 5 JUNE 2013

Application for approval of the Big Steps in Early Childhood Education SA United Voice - Magill Campus & Community Children's Centre 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 - Magill Campus & Community Children's Centre 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 12 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

United Voice applied to the Fair Work Commission for approval of the Big Steps in Early Childhood Education SA United Voice - Magill Campus & Community Children's Centre Enterprise Agreement 2013. The application was opposed by the employer. The dispute before the Commission concerned whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that the agreement provide for a fair and reasonable rate of pay and conditions of employment.

The primary issue before the Commission was whether the agreement met the requirements of section 226 of the Act, which provides that an enterprise agreement must not contain a term that is less favourable than the relevant minimum terms and conditions. The Commission considered whether the agreement provided for fair and reasonable rates of pay and conditions for employees in the early childhood education sector, taking into account relevant industry benchmarks and other agreements in the sector.

After considering the evidence and submissions from both parties, the Commission found that the agreement did not meet the requirements of the Act. The Commission found that the agreement contained terms that were less favourable than the relevant minimum terms and conditions, including lower rates of pay for some employees and reduced entitlements for others. The Commission also found that the agreement did not provide for a fair and reasonable rate of pay and conditions of employment for all employees in the sector.

The Fair Work Commission refused to approve the agreement, stating that it did not meet the requirements of the Act and was not in the best interests of the employees. The Commission ordered that the agreement be returned to the parties for further negotiation and that any new agreement must comply with the requirements of the Act.

United Voice

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