United Voice

[2013] FWCA 3570

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1297)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - EMU COMMUNITY CHILDREN'S CENTRE INC 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 - Emu Community Children's Centre Inc 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 - Emu Community Children's Centre Inc 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

The applicants, United Voice and Emu Community Children's Centre Inc, sought approval of the Big Steps in Early Childhood Education and Care SA United Voice - Emu Community Children's Centre Inc Enterprise Agreement 2013. The respondent, the Department of Education, opposed the application. The dispute came before the Fair Work Commission. The central issue was whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission found that the agreement was consistent with the principles of the Act and provided for fair and reasonable terms. The agreement addressed various employment conditions, including wages, hours of work, and dispute resolution mechanisms. The Commission also considered the views of the employees and found that the majority supported the agreement. The Commission concluded that the agreement would benefit the employees by providing them with improved working conditions and job security.

Based on this reasoning, the Commission approved the proposed enterprise agreement. The Commission found that the agreement met the legal requirements and was in the best interests of the employees. The Department of Education's opposition to the agreement was dismissed. The agreement will now come into effect and apply to the employees of the Emu Community 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