United Voice

[2013] FWCA 3576

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1307)

BIG STEPS IN EARLY CHILDHOOD EDUCATION SA UNITED VOICE - SEAFORD DISTRICT 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 - Seaford District 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 - Seaford District 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.

[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 applicant, United Voice, sought approval of a collective agreement with the Seaford District Community Children's Centre Inc, which provides early childhood education services. The case was heard by the Fair Work Commission (FWC) and involved the interpretation and application of the Fair Work Act 2009. The central legal issue was whether the terms of the proposed agreement complied with the requirements of the Fair Work Act and the FWC's guidelines for approval.

The FWC considered whether the agreement met the criteria for approval, including whether it was made in good faith and whether it provided for the proper management of the workplace. The FWC examined the agreement's provisions, including those relating to wages, conditions, and dispute resolution, to determine if they were consistent with the objectives of the Fair Work Act and the principles of fairness and reasonableness. The applicant argued that the agreement was in the best interests of the employees and the employer, while the respondent raised concerns about the impact of certain provisions on operational flexibility and financial sustainability.

The FWC found that the agreement was generally consistent with the principles of the Fair Work Act and the guidelines for approval. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for dispute resolution and the protection of employees' rights. The FWC concluded that the agreement was in the best interests of both the employees and the employer, and approved the collective agreement. The FWC's decision was based on a careful consideration of the evidence and arguments presented by both parties, and a determination that the agreement met the legal criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established