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[2013] FWCA 7700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2957)

SHAMROCK HILL EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 2 OCTOBER 2013

Application for approval of the Shamrock Hill Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Shamrock Hill Early Learning Centre 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 9 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 Shamrock Hill Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The Shamrock Hill Early Learning Centre, a childcare facility, sought to have the enterprise agreement approved to govern the terms and conditions of employment for its staff, which was opposed by United Voice, a union representing the employees. The Commission was required to determine whether the agreement complied with the relevant legislative provisions and if it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and if it provided fair and reasonable terms for the employees. This included assessing if the agreement had been made in accordance with the procedural requirements, whether it contained all the necessary provisions, and if it ensured that the employees' interests were adequately protected. The Commission also had to consider if the agreement provided for terms and conditions that were no less favourable than the relevant award or safety net award.

The Fair Work Commission found that the Shamrock Hill Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013 met the necessary legislative requirements and was in the best interests of the employees. The Commission determined that the agreement had been made in accordance with the procedural requirements, contained all the necessary provisions, and provided fair and reasonable terms for the employees. The Commission also found that the agreement ensured that the employees' interests were adequately protected and provided for terms and conditions that were no less favourable than the relevant award or safety net award. Consequently, the Commission approved the enterprise agreement, paving the way for its implementation in governing the employment terms and conditions of the Shamrock Hill Early Learning Centre staff.

The Fair Work Commission approved the Shamrock Hill Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013, effective from the date of the decision. This decision ensures that the agreement will govern the terms and conditions of employment for the staff at the Shamrock Hill Early Learning Centre, providing a framework for their working relationship with the employer.

United Voice

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Background to the litigation

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Legal Principle Established