United Voice

[2013] FWCA 3585

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1312)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - HALLETT COVE CHILDREN'S CENTRE INC COLLECTIVE 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 - Hallett Cove 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 - Hallett Cove 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 12 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 case of United Voice saw the Fair Work Commission (FWC) assessing an application for the approval of a collective agreement between the Big Steps in Early Childhood Education SA and Hallett Cove Children's Centre Inc. This agreement was submitted for endorsement following negotiations and discussions between the parties involved. The primary concern of the case was whether the proposed collective agreement complied with the requisite legal standards and whether it adequately represented the interests of the employees involved.

The central legal issue before the FWC was to determine if the collective agreement met all necessary criteria for approval under the Fair Work Act 2009. This involved scrutinising the agreement to ensure it contained all mandatory terms, was free from any prohibited content, and was not misleading or deceptive. Additionally, the FWC had to assess whether the agreement had been made in good faith and whether it provided fair and equitable terms for the employees.

In its decision, the FWC found that the agreement did indeed meet all the necessary legal requirements. The commission noted that the agreement contained all mandatory terms, had no prohibited content, and was neither misleading nor deceptive. It was concluded that the agreement had been made in good faith and provided fair and equitable terms for the employees. Consequently, the FWC approved the collective agreement, allowing it to be registered and enforceable. This decision ensured that the terms of the agreement would provide a stable and fair working environment for the employees of Hallett Cove Children's Centre Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established