Big Fat Smile Group Ltd

[2013] FWCA 7394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Big Fat Smile Group Ltd
(AG2013/2589)

BIG FAT SMILE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	BRISBANE, 25 SEPTEMBER 2013

Application for approval of the Big Fat Smile and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Big Fat Smile 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 2 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

Big Fat Smile Group Ltd applied to the Fair Work Commission (FWC) for approval of the Big Fat Smile and United Voice Big Steps Enterprise Agreement 2013. The United Voice union sought to intervene in the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The union claimed that the agreement failed to provide for the fair treatment of employees, as required by section 235 of the Act. The union also argued that the agreement was not in the best interests of the employees, as required by section 236 of the Act.

The FWC considered whether the agreement was in the best interests of the employees and whether it provided for their fair treatment. The FWC found that the agreement met the requirements of the Act and approved it. The union appealed this decision to the Federal Court. The court considered whether the FWC had exercised its discretion to approve the agreement appropriately. The court found that the FWC had exercised its discretion appropriately and dismissed the appeal.

The court found that the FWC had considered all relevant factors in approving the agreement. The court held that the FWC was not bound by the union's views and was entitled to approve the agreement if it was satisfied that it met the requirements of the Act. The court also found that the union had not established that the FWC had made an error of law in approving the agreement. The court held that the FWC had not erred in finding that the agreement met the requirements of the Act and dismissed the appeal. The court found that the agreement provided for the fair treatment of employees and was in their best interests. The court held that the FWC was entitled to approve the agreement if it was satisfied that it met the requirements of the Act. The court also found that the union had not established that the FWC had made an error of fact in approving the agreement. The court held that the FWC had not erred in finding that the agreement met the requirements of the Act and dismissed the appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established