United Voice

[2013] FWCA 8266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/10837)

KOOKABURRA CHILD CARE CENTRE ASSOCIATION INC. AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 23 OCTOBER 2013

Application for approval of the Kookaburra Child Care Centre Association Inc. and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kookaburra Child Care Centre Association Inc. and United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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 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), 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 30 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the agreement between the Kookaburra Child Care Centre Association Inc. and United Voice, known as the Big Steps Enterprise Agreement 2013. This agreement was intended to regulate the terms and conditions of employment for workers within the childcare sector, specifically those employed by the Association. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the requirements of the Fair Work Act, particularly sections concerning the scope of the agreement, the coverage of employees, and the procedural fairness in its creation. The Commission needed to ascertain if the agreement had been made in good faith, without coercion, and whether it provided for the appropriate minimum terms and conditions as prescribed by the Act. Furthermore, the Commission had to evaluate whether the agreement had been properly negotiated and if the necessary consultation processes had been followed.

In examining these issues, the Commission took into account the evidence presented by both parties and the provisions of the Fair Work Act. The Commission found that the agreement had been made in good faith, without coercion, and that it provided for the minimum terms and conditions required by law. It was also determined that the agreement had been negotiated appropriately and that the necessary consultation processes had been followed. Therefore, the Commission concluded that the agreement met the criteria for approval and was in compliance with the Fair Work Act.

The Commission approved the Big Steps Enterprise Agreement 2013, confirming its validity and legality. This approval means that the terms and conditions set out in the agreement will now apply to the employees of the Kookaburra Child Care Centre Association Inc. as per the provisions of the agreement. This decision provides clarity and legal certainty for both the Association and its employees, ensuring that their employment terms are governed by an agreement that has been duly approved by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established