United Voice Summary | CaseChat AU

[2013] FWCA 7575

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/9164)

ACTIVE KIDS EARLY LEARNING CENTRE HILLCREST AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 SEPTEMBER 2013

Application for approval of the Active Kids Early Learning Centre Hillcrest and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Active Kids Early Learning Centre Hillcrest 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 7 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 matter of United Voice, the Fair Work Commission was asked to approve an enterprise agreement between the Active Kids Early Learning Centre Hillcrest and United Voice. The agreement was for the period 2013 to 2017 and was to govern the employment terms and conditions of certain employees of the centre.

The legal issues before the Commission were whether the agreement was appropriately negotiated, whether it contained the necessary minimum terms and conditions, and whether it was in the best interests of the employees. The Commission had to determine if the agreement met the criteria set out in the Fair Work Act 2009, particularly sections 227 and 230, which govern the process for approving enterprise agreements. Additionally, the Commission needed to assess whether the agreement was free from prohibited content and whether it contained appropriate dispute resolution processes.

The Commission found that the agreement had been appropriately negotiated and contained the necessary minimum terms and conditions. It was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was free from prohibited content and contained appropriate dispute resolution processes. The Commission approved the agreement, stating that it met all the necessary criteria and would benefit the employees of the centre.

The Commission made an order approving the Active Kids Early Learning Centre Hillcrest and United Voice Big Steps Enterprise Agreement 2013. The agreement was to be registered with the Fair Work Commission and would be in effect from 1 July 2013 until 30 June 2017. The employees of the centre would be covered by the agreement and entitled to the terms and conditions set out within it.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established