United Voice Summary | CaseChat AU

[2013] FWCA 7116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8832)

BAMBINO’S CHILDCARE PTY LTD AND UNITED VOICE (VICTORIA) BIG STEPS AGREEMENT 2013

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

Application for approval of the Bambino’s Childcare Pty Ltd and United Voice (Victoria) Big Steps Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bambino’s Childcare Pty Ltd 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 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 recent case of United Voice, the Fair Work Commission (FWC) was called upon to determine the application for the approval of the Bambino’s Childcare Pty Ltd and United Voice (Victoria) Big Steps Agreement 2013. The applicant, United Voice, sought to have the agreement made between the childcare provider and its employees approved, which would regulate various aspects of employment conditions for the workers. The dispute primarily revolved around the terms of the agreement, which had been negotiated between the employer and the union, representing the employees.

The central legal issue before the FWC was whether the agreement complied with the Fair Work Act 2009 and whether it was made in good faith and free from any coercion. Additionally, the court had to assess whether the agreement was beneficial to the employees and if it met the standards set forth by the FWC for such agreements. The court examined the process through which the agreement was negotiated and the extent to which it provided fair and reasonable terms for the employees.

The FWC found that the agreement met the necessary criteria for approval. The commission noted that the negotiation process was conducted in good faith and without any undue influence. Furthermore, the terms of the agreement were deemed to be fair and reasonable, providing adequate protections and benefits to the employees. The FWC concluded that the agreement was not only in compliance with the statutory requirements but also served the interests of the employees by providing them with a stable and fair employment contract. The FWC approved the agreement, thereby resolving the dispute in favour of United Voice.

No further orders were made beyond the approval of the agreement. This decision underscores the importance of fair negotiation practices and the need for agreements to align with statutory standards while also ensuring the protection and benefits of the employees.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established