United Voice

[2013] FWCA 3588

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1313)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - LEFEVRE CHILD CARE CENTRE 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 - LeFevre Child Care Centre 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 - LeFevre Child Care Centre 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 before the Fair Work Commission was an application for the approval of the Big Steps in Early Childhood Education SA United Voice - LeFevre Child Care Centre Collective Agreement 2013. The applicant, United Voice, sought the Commission's approval of this agreement under the Fair Work Act 2009, asserting that the agreement contained appropriate terms and conditions for the employees of the LeFevre Child Care Centre.

The central legal issues before the Commission were whether the terms and conditions of the proposed agreement were fair and reasonable, and whether the agreement complied with the statutory requirements under the Fair Work Act. The Commission had to assess whether the agreement was made in good faith and whether it adhered to the procedural fairness and substantive fairness standards set out in the Act.

The Fair Work Commission, after reviewing the agreement, found that the proposed terms and conditions were fair and reasonable, and that the agreement was made in good faith. The Commission concluded that the agreement complied with all statutory requirements and that there were no significant issues of non-compliance. Consequently, the Commission approved the collective agreement, recognising its appropriateness for the employees of the LeFevre Child Care Centre.

The Fair Work Commission approved the Big Steps in Early Childhood Education SA United Voice - LeFevre Child Care Centre Collective Agreement 2013, confirming its compliance with the Fair Work Act. The Commission's decision ensures that the employees of the LeFevre Child Care Centre are covered by a fair and reasonable agreement, which aligns with the statutory standards of procedural and substantive fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established