United Voice Summary | CaseChat AU

[2013] FWCA 3594

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1343)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - SALISBURY AND MAWSON LAKES CHILD CARE CENTRES 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 - Salisbury and Mawson Lakes Child Care Centres 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 - Salisbury and Mawson Lakes Child Care Centres 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of United Voice, which was brought before the Fair Work Commission, involved a request for the approval of the Big Steps in Early Childhood Education SA United Voice - Salisbury and Mawson Lakes Child Care Centres Inc Collective Agreement 2013. The dispute was between United Voice, an organisation representing the interests of employees, and Big Steps in Early Childhood Education SA, an employer in the child care sector. The primary issue before the Commission was whether the terms of the collective agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Fair Work Commission had to resolve included whether the agreement was genuinely a collective one, whether it contained the mandated minimum terms, and whether it complied with the procedural requirements for approval. The Commission considered whether the agreement was made in good faith, whether it was free from any improper influences, and whether it was certified by a relevant union official or by the Commission itself. The Commission also examined whether the agreement provided for a proper dispute resolution process and whether it included the minimum entitlements set out in the Fair Work Act.

The Fair Work Commission found that the Big Steps in Early Childhood Education SA United Voice - Salisbury and Mawson Lakes Child Care Centres Inc Collective Agreement 2013 was a genuine collective agreement. It concluded that the agreement was made in good faith and was free from any improper influences. The Commission noted that the agreement contained all the mandated minimum terms and was certified by a relevant union official. It also determined that the agreement included a proper dispute resolution process and provided for the minimum entitlements required by law. Accordingly, the Commission approved the agreement, finding that it met all the statutory requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Big Steps in Early Childhood Education SA United Voice - Salisbury and Mawson Lakes Child Care Centres Inc Collective Agreement 2013, as it was a genuine collective agreement that met all the statutory requirements for approval. This decision ensures that the employees at the child care centres are protected by a comprehensive agreement that provides them with the minimum entitlements and a proper dispute resolution process. The approval of the agreement will help to maintain industrial peace and stability in the child care sector.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established