United Voice

[2013] FWCA 3385

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/6480)

ROCKINGHAM EARLY LEARNING AND CHILDCARE CENTRE ENTERPRISE AGREEMENT 2012

Children's services
COMMISSIONER CLOGHAN	PERTH, 29 MAY 2013

Application for approval of the Rockingham Early Learning and Childcare Centre Enterprise Agreement 2012.

[1] On 16 May 2013, United Voice made application for approval of a single enterprise agreement to be known as the Rockingham Early Learning and Childcare Centre Enterprise Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 7 May 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] United Voice has declared that it was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, United Voice supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, United Voice has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 5 June 2013.

[7] The nominal expiry date of this Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice applied to the Fair Work Commission for approval of the Rockingham Early Learning and Childcare Centre Enterprise Agreement 2012. The application was contested by the employer, the Rockingham Early Learning and Childcare Centre, on the basis that the agreement did not meet the requirements of section 230 of the Fair Work Act 2009. The employer argued that the agreement was not in accordance with the good faith bargaining provisions of the Act, and that certain provisions of the agreement were not reasonable.

The Commission was required to consider whether the agreement was made in good faith, and whether it complied with the requirements of section 230 of the Act. The Commission also needed to consider whether the agreement was fair and reasonable, and whether it met the criteria for registration under the Act.

The Commission found that the agreement had been made in good faith, and that it complied with the requirements of section 230 of the Act. The Commission also found that the agreement was fair and reasonable, and that it met the criteria for registration. The application for approval was therefore granted.

The Commission ordered that the Rockingham Early Learning and Childcare Centre Enterprise Agreement 2012 be approved and registered. The agreement was to be registered from the date of the Commission's decision, and was to be in effect for a period of five years from that date. The Commission also ordered that the agreement be published on the Fair Work Commission's website, and that copies of the agreement be provided to the parties and to the relevant regulatory agencies.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established