United Voice

[2013] FWCA 3582

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1311)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - BROMPTON 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 - Brompton 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 - Brompton 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

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CaseChat Overview and Summary

The parties in this case were United Voice and Brompton Children's Centre Inc. The nature of the dispute was the approval of the Big Steps in Early Childhood Education SA United Voice - Brompton Children's Centre Inc Collective Agreement 2013. The court involved was the Fair Work Commission.

The legal issues the court was required to decide related to the compliance of the proposed collective agreement with the applicable provisions of the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. Additionally, the court had to determine if the agreement was in the best interests of the employees and the employer, and if it complied with the relevant provisions of the Fair Work Regulations 2009.

The Fair Work Commission considered the submissions made by both parties and examined the provisions of the agreement. The Commission found that the proposed collective agreement was fair and reasonable, and was made in good faith. The agreement provided for terms and conditions of employment that were no less favourable than the applicable award or the national system of wages and conditions. The Commission was satisfied that the agreement was in the best interests of the employees and the employer, and that it complied with the relevant provisions of the Fair Work Regulations 2009. The Commission approved the Big Steps in Early Childhood Education SA United Voice - Brompton Children's Centre Inc Collective Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established