United Voice

[2013] FWCA 3572

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1298)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - EARLY STEPS CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER HAMPTON	ADELAIDE, 5 JUNE 2013

Application for approval of the Big Steps in Early Childhood Education and Care SA United Voice - Early Steps Child Care 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 and Care SA United Voice - Early Steps Child Care 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of United Voice, the applicant sought approval of the Big Steps in Early Childhood Education and Care SA United Voice - Early Steps Child Care Centre Enterprise Agreement 2013. The dispute centred on whether the proposed agreement was fair and reasonable for the employees involved. The decision was handed down by the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement contained terms that were procedurally and substantively fair. The applicant needed to demonstrate that the agreement was not only reached through a proper bargaining process but also that its terms were fair and reasonable. The Commission had to examine if the agreement complied with the relevant legislative provisions and if it met the standards set for enterprise agreements.

The Fair Work Commission found that the agreement was reached through a proper process and contained terms that were fair and reasonable. The Commission noted that the agreement was negotiated in good faith and that the parties had made efforts to reach a consensus. The Commission also found that the agreement's terms were consistent with industry standards and provided for appropriate protections for employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Big Steps in Early Childhood Education and Care SA United Voice - Early Steps Child Care Centre Enterprise Agreement 2013, determining that it was fair and reasonable. The decision highlighted the importance of proper bargaining processes and the need for enterprise agreements to meet legislative standards. The approval of this agreement sets a precedent for similar agreements in the early childhood education and care sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established