United Voice Summary | CaseChat AU

[2013] FWCA 7577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9158)

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

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 SEPTEMBER 2013

Application for approval of the Active Kids Early Learning Centre Mt Gravatt 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 Mt Gravatt 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

The applicants, United Voice, sought approval of the Active Kids Early Learning Centre Mt Gravatt and United Voice Big Steps Enterprise Agreement 2013. The respondents, the Centre and Big Steps, opposed the application. The dispute was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement was in the best interests of the employees covered by the agreement. The Commission had to consider a range of factors, including the extent to which the agreement promoted harmonious, productive and cooperative workplace relationships, and whether the agreement provided fair and appropriate protections for employees. The Commission also had to consider whether the agreement provided for a safety net of minimum entitlements, and whether it provided for a fair and efficient system for resolving workplace disputes.

After considering the evidence and submissions from both parties, the Commission found that the enterprise agreement was in the best interests of the employees. The Commission noted that the agreement provided for a range of protections and entitlements for employees, including provisions for flexible working arrangements, paid parental leave, and a grievance resolution procedure. The Commission also found that the agreement promoted harmonious and productive workplace relationships, and provided for a fair and efficient system for resolving workplace disputes. The Commission approved the enterprise agreement, subject to certain modifications to address concerns raised by the respondents.

The Fair Work Commission approved the Active Kids Early Learning Centre Mt Gravatt and United Voice Big Steps Enterprise Agreement 2013, subject to certain modifications. The modifications related to the grievance resolution procedure and the calculation of overtime rates of pay. The Commission also ordered that the agreement be backdated to the date of its approval, and that the respondents take all necessary steps to bring the agreement into operation.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established