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[2013] FWCA 8058

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2757)

WOODRISING COMMUNITY PRESCHOOL AND CHILD CARE CENTRE EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013.

Children's services
VICE PRESIDENT LAWLER	SYDNEY, 23 OCTOBER 2013

Application for approval of the Woodrising Community Preschool and Child Care Centre Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Woodrising Community Preschool and Child Care Centre Early Years Quality Fund Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the 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] The Independent Education Union of Australia (NSW/ACT Branch) 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 this organisation.

[4] 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 this organisation.

[5] 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

In the Fair Work Commission, the applicant, United Voice, sought approval of the Woodrising Community Preschool and Child Care Centre Early Years Quality Fund Enterprise Agreement 2013. The agreement was submitted for approval under section 233 of the Fair Work Act 2009, as it was an enterprise agreement that had been agreed upon by the employer and the union. The respondent, the employer, did not oppose the application. The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the process requirements of the Act.

The Commission found that the agreement met all the requirements for approval. It provided for fair and reasonable terms and conditions for the employees, and it complied with the process requirements of the Act. The agreement had been negotiated in good faith, and it had been agreed to by the employer and the union. The Commission also noted that the agreement contained provisions that were designed to promote high-quality early childhood education and care, which was a desirable outcome. The Commission approved the agreement, and it came into effect on 1 July 2013.

The Commission made an order approving the Woodrising Community Preschool and Child Care Centre Early Years Quality Fund Enterprise Agreement 2013 as a registered agreement under section 175 of the Fair Work Act. The agreement was registered on 19 June 2013, and it became a legally binding contract between the employer and the employees. The Commission also ordered that the agreement be published on the Fair Work Commission's website, to ensure that it was readily available to all interested parties.

United Voice

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