United Voice

[2013] FWCA 7372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8719)

WONDER CHILDCARE UNIT TRUST AND UNITED VOICE (VICTORIA) BIG STEPS AGREEMENT 2013

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

Application for approval of the Wonder Childcare Unit Trust and United Voice (Victoria) Big Steps Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wonder Childcare Unit Trust and United Voice (Victoria) Big Steps 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 have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[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), I note that the Agreement covers the organisation.

[5] 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

The applicant, United Voice, sought the approval of an enterprise agreement for employees in the childcare sector in Victoria, under the Fair Work Act 2009. The respondent, Wonder Childcare Unit Trust, contested the application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act. The dispute was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue was whether the agreement, which contained provisions relating to pay rates, working conditions, and other employment terms, complied with the statutory requirements for an enterprise agreement. This included examining whether the agreement was made in good faith and whether it met the standards set out in the Fair Work Act. The court needed to determine if the agreement was sufficiently comprehensive and if it provided for fair and reasonable terms for the employees.

The court found that the agreement did not meet the statutory requirements of the Fair Work Act, primarily due to its lack of comprehensiveness and the absence of certain provisions that were necessary to be considered fair and reasonable. The court detailed that the agreement did not adequately cover all essential employment terms and conditions, and certain provisions were not in line with the standards expected under the Act. Consequently, the application for approval was dismissed.

The court ordered that the application for the approval of the Wonder Childcare Unit Trust and United Voice (Victoria) Big Steps Agreement 2013 be dismissed, thereby preventing the agreement from being registered under the Fair Work Act. This decision meant that the proposed terms of employment for the childcare employees were not legally enforceable under the agreement as submitted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established