United Voice Summary | CaseChat AU

[2013] FWCA 3589

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1314)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - BLACKWOOD COMMUNITY CHILD CARE 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 - Blackwood Community Child Care 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 - Blackwood Community Child Care 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

In the matter of United Voice, the Fair Work Commission was tasked with considering an application for the approval of the Big Steps in Early Childhood Education SA United Voice - Blackwood Community Child Care Enterprise Agreement 2013. The dispute arose between United Voice, representing the employees, and Big Steps in Early Childhood Education SA, the employer. The central issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the various provisions of the agreement, including wages, hours of work, leave entitlements, and other employment conditions. The analysis involved assessing whether the agreement complied with the statutory requirements, particularly focusing on the fairness and reasonableness of the proposed terms. The Commission took into account the bargaining positions of the parties, the nature of the enterprise, and the broader economic and social context. It was also necessary to determine if the agreement provided for a minimum rate of pay that met the safety net standards and if it included appropriate mechanisms for resolving disputes.

Upon reviewing the agreement, the Commission concluded that the proposed terms and conditions were fair and reasonable. The agreement was found to comply with the statutory requirements and provided for adequate protections for employees. The Commission approved the enterprise agreement, noting the balance achieved between the interests of the employees and the employer. The decision was based on the evidence presented and the application of relevant legal principles. The Commission's approval ensures that the agreement can now be implemented, providing a stable and fair framework for the employment conditions of the workers involved.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established