United Voice

[2013] FWCA 7389

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2909)

CONNECT CHILD AND FAMILY SERVICES EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 24 SEPTEMBER 2013

Application for approval of the Connect Child and Family Services Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Connect Child and Family Services Early Years Quality Fund Enterprise Agreement 2013 (“the Agreement”). The application has been made by United Voice, as an employee organisation bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Independent Education Union of Australia NSW/ACT Branch and United Voice, NSW Branch have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

United Voice applied for the approval of the Connect Child and Family Services Early Years Quality Fund Enterprise Agreement 2013. The application was made under section 185 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the "better off overall test" as stipulated in section 231 of the Act. The dispute centred on whether the proposed agreement sufficiently improved the employees' conditions to meet the threshold of the better off overall test.

The Commission carefully examined the evidence presented, including the financial implications of the agreement for both the employer and the employees. It considered the changes to wages, leave entitlements, and other conditions proposed by the agreement. The primary issue was whether the overall benefits to the employees, including wage increases and improved conditions, outweighed the financial burden on the employer. The Commission also had to assess whether the agreement was in the best interest of the employees, ensuring that they were genuinely better off as a result of the agreement.

After detailed analysis, the Commission concluded that the agreement did indeed meet the better off overall test. It found that the proposed changes, while placing a financial burden on the employer, provided substantial benefits to the employees that more than compensated for this burden. These benefits included significant wage increases and improved working conditions. The Commission determined that the overall effect of the agreement was to genuinely improve the employees' conditions, thus satisfying the statutory requirement.

The Fair Work Commission approved the Connect Child and Family Services Early Years Quality Fund Enterprise Agreement 2013, confirming its compliance with the better off overall test. The decision highlighted the importance of balancing the interests of both employers and employees in enterprise agreements, ensuring that any changes provide a net benefit to the workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established