United Voice Summary | CaseChat AU

[2013] FWCA 3580

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1309)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - NOARLUNGA COMMUNITY 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 - Noarlunga Community 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 - Noarlunga Community 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. The applicant has confirmed that the reference to the notice of representational rights being issued on 30 April 2013 was a typographical error and the notice was in fact issued on 3 April 2013.

[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 application before the court was brought by the union, United Voice, seeking approval of a collective agreement for the Noarlunga Community Children's Centre Inc in South Australia. The agreement, titled "Big Steps in Early Childhood Education SA United Voice - Noarlunga Community Children's Centre Inc Collective Agreement 2013," aimed to establish terms and conditions of employment for the employees of the centre. The dispute arose from disagreements over certain provisions within the proposed agreement, leading to the application for the court's approval.

The primary legal issue before the court was whether the collective agreement complied with the relevant provisions of the relevant legislation, namely the Industrial Relations Act 1996 (SA). Specifically, the court needed to determine if the agreement adequately covered all required terms, was fair and reasonable, and whether it was consistent with the public interest. The court was also tasked with ensuring that the agreement did not contravene any statutory minimum standards.

The court meticulously reviewed each clause of the agreement against the legislative framework, assessing its fairness and reasonableness. It found that the agreement met all the necessary criteria for approval. The court concluded that the agreement was fair and reasonable and did not contravene any statutory minimum standards. Consequently, the court approved the collective agreement, finding it to be in the best interests of the employees and the centre.

The final orders of the court were to approve the Big Steps in Early Childhood Education SA United Voice - Noarlunga Community Children's Centre Inc Collective Agreement 2013, subject to the terms and conditions specified within the agreement. The approval took effect upon the date of the court's decision, ensuring that the terms of the agreement would govern the employment conditions of the staff at the Noarlunga Community Children's Centre Inc.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established