United Voice

[2013] FWCA 3569

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/1296)

BIG STEPS IN EARLY CHILDHOOD EDUCATION AND CARE SA UNITED VOICE - STIRLING COMMUNITY EARLY LEARNING 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 - Stirling Community Early Learning 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 - Stirling Community Early Learning 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

In the case of United Voice, the Fair Work Commission was asked to approve an enterprise agreement for the Big Steps in Early Childhood Education and Care SA United Voice - Stirling Community Early Learning Centre Enterprise Agreement 2013. The agreement was submitted by United Voice, an industrial union, on behalf of the employees of the Stirling Community Early Learning Centre. The Stirling Community Early Learning Centre, represented by its employer, sought approval for the agreement, which aimed to regulate various terms and conditions of employment for the employees.

The central legal issues before the court were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall" agreement. Specifically, the court had to determine if the proposed terms and conditions provided a net benefit to the employees and if they adhered to the statutory provisions regarding minimum entitlements and procedural fairness.

The Fair Work Commission examined the proposed agreement's provisions and found that it complied with the legislative framework and met the "better off overall" test. The court noted that the agreement provided a comprehensive set of terms and conditions that improved upon the existing minimum entitlements, including wages, leave entitlements, and working conditions. The court concluded that the proposed agreement was fair and reasonable, and therefore approved the agreement.

As a result of the court's decision, the Big Steps in Early Childhood Education and Care SA United Voice - Stirling Community Early Learning Centre Enterprise Agreement 2013 was approved and became legally binding between the employer and the employees of the Stirling Community Early Learning Centre. The agreement would now govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established