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[2013] FWCA 7112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7903)

J.A. AND D.M. CLARK TRADING AS J.A.C.’S LEARNING WORLD AND UNITED VOICE BIG STEPS AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	BRISBANE, 18 SEPTEMBER 2013

Application for approval of the J.A. and D.M. Clark trading as J.A.C.’s Learning World and United Voice Big Steps Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the J.A. and D.M. Clark trading as J.A.C.’s Learning World and United Voice 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 25 September 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

In the Fair Work Commission, United Voice sought approval for the J.A. and D.M. Clark trading as J.A.C.’s Learning World and United Voice Big Steps Agreement 2013. The applicant argued that the agreement was appropriate and would benefit employees in terms of wages, conditions, and dispute resolution. The Commission had to determine whether the agreement was in the best interests of the employees, taking into account various factors such as fairness, the balance of power, and the overall impact on the workforce.

The central legal issues revolved around whether the agreement met the criteria set out in section 234 of the Fair Work Act 2009, particularly focusing on the fairness and suitability of the agreement for the employees. The Commission had to assess whether the agreement provided a better outcome for the employees than the applicable award, and whether it was made in good faith and without coercion. Additionally, the Commission needed to consider whether the agreement addressed the specific needs and circumstances of the employees covered by the agreement.

The Fair Work Commission found that the agreement was fair and suitable for the employees, as it provided for improved wages, conditions, and a clear dispute resolution process. The Commission considered the evidence presented by both parties and concluded that the agreement was in the best interests of the employees. The Commission also noted that the agreement was made in good faith and without coercion, and that it addressed the specific needs and circumstances of the employees covered by the agreement. Therefore, the Commission approved the agreement.

The final order of the Commission was the approval of the J.A. and D.M. Clark trading as J.A.C.’s Learning World and United Voice Big Steps Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by it.

United Voice

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Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established