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[2013] FWCA 3574

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1305)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - OCEAN VIEW COLLEGE 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 - Ocean View College Children's Centre 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 - Ocean View College Children's Centre 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 matter before the Fair Work Commission involved an application by United Voice for approval of the Big Steps in Early Childhood Education and Care SA United Voice - Ocean View College Children's Centre Enterprise Agreement 2013. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding the provisions for the employees’ remuneration and working conditions. The Fair Work Commission was tasked with determining if the agreement provided a safety net for the employees and adhered to the Fair Work Act's objectives.

The primary legal issue before the court was whether the agreement adequately covered the minimum terms and conditions as required by the Fair Work Act. The court had to assess if the agreement provided fair and reasonable terms that ensured the safety net was not undermined. Additionally, the court examined if the agreement provided for proper representation and consultation processes and if it aligned with the principles of the Fair Work Act, including the protection of employees' rights and the promotion of harmonious, productive, and cooperative workplace relations.

The Fair Work Commission, after thorough examination, determined that the agreement substantially met the requirements of the Fair Work Act. The court found that the agreement provided adequate remuneration and working conditions that did not undermine the safety net. Furthermore, it was concluded that the agreement ensured proper representation and consultation processes, aligning with the Fair Work Act's objectives. The commission approved the agreement, finding that it was fair and reasonable and provided for the protection of employees' rights.

The Fair Work Commission approved the Big Steps in Early Childhood Education and Care SA United Voice - Ocean View College Children's Centre Enterprise Agreement 2013, confirming that it met the necessary criteria under the Fair Work Act. The agreement was found to provide fair and reasonable terms for the employees, ensuring that the safety net was not undermined and that it aligned with the Act's objectives. The court's decision ensured that the agreement was in line with the principles of the Fair Work Act, protecting the employees' rights and promoting harmonious workplace relations.

United Voice

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established