United Voice

[2013] FWCA 7402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9344)

UNITED VOICE AND HERITAGE EARLY CHILDHOOD CENTRE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 24 SEPTEMBER 2013

Application for approval of the United Voice and Heritage Early Childhood Centre Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the United Voice and Heritage Early Childhood Centre Big Steps Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by United Voice. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which concerns the application of the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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 they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 1 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the United Voice union lodged an application for the approval of the United Voice and Heritage Early Childhood Centre Big Steps Enterprise Agreement 2013. The dispute centered around the union's claim that the agreement, which was to apply to certain employees of Heritage Early Childhood Centre, failed to meet the requirements of section 230 of the Fair Work Act 2009 due to certain provisions related to employee entitlements. The Commission was required to determine whether the provisions in question were consistent with the Act and, if not, to what extent they could be disregarded.

The legal issues before the Commission involved interpreting the relevant sections of the Act, particularly section 230, which deals with the approval of enterprise agreements. The central question was whether certain provisions of the agreement, which purported to limit certain employee entitlements, were permissible under the Act or if they needed to be disregarded for the agreement to be approved. The union argued that the provisions were not in compliance with the Act and should be disregarded, while the employer contended that the provisions were valid and should be upheld.

After reviewing the arguments and relevant legal principles, the Commission found that certain provisions of the agreement did indeed conflict with the requirements of section 230 of the Fair Work Act. These provisions were deemed to be invalid and were consequently disregarded. The Commission determined that, with these invalid provisions removed, the agreement met the necessary standards for approval under the Act. The Fair Work Commission approved the agreement with the specified provisions disregarded.

The final orders of the Commission included the approval of the United Voice and Heritage Early Childhood Centre Big Steps Enterprise Agreement 2013, subject to the invalid provisions being disregarded. This decision ensures that the agreement complies with the Fair Work Act and can be implemented as the governing agreement between the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established