United Voice

[2013] FWCA 3573

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1302)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - HILLBANK COMMUNITY CHILDREN'S 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 - Hillbank Community Children's 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 - Hillbank Community Children's 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

The applicant, United Voice, sought approval of the Big Steps in Early Childhood Education and Care SA United Voice - Hillbank Community Children's Enterprise Agreement 2013. The applicant alleged that the agreement was made by the employer and the union in good faith and in accordance with the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement complied with the Act and its regulations, and whether the agreement was in the best interests of the employees.

The Commission considered the submissions made by the applicant and the respondent, and examined the contents of the agreement. The Commission found that the agreement was made in good faith and in accordance with the Act, and that it was in the best interests of the employees. The Commission also found that the agreement complied with the Act and its regulations, and that it met the requirements for approval.

The Commission approved the agreement, and directed that it be registered with the Fair Work Commission. The applicant was ordered to pay the costs of the application. The decision provides guidance on the requirements for approving an enterprise agreement, and the factors that the Commission considers in determining whether an agreement is in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established