United Voice

[2013] FWCA 7034

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/2755)

KEMPSEY CHILDREN'S SERVICES QUALITY FUND ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Kempsey Children's Services Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kempsey Children’s Services 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] United Voice, NSW Branch and the Independent Education Union of Australia NSW/ACT 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, as the registered organisation of employees, applied to the Fair Work Commission for approval of the Kempsey Children's Services Quality Fund Enterprise Agreement 2013. The application was opposed by Kempsey Children's Services, the employer. The dispute centred around the terms and conditions of employment for the employees covered by the agreement. The Fair Work Commission heard the matter, tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion.

The court considered several legal issues, including the validity of the negotiation process, the fairness of the proposed terms, and whether the agreement met the requirements of the Fair Work Act. It examined the conduct of the bargaining representatives and the employer to ensure that the agreement was made without undue influence or coercion. The court also assessed whether the agreement contained all the mandatory terms prescribed by the Act and whether it provided for a proper dispute resolution process.

In its decision, the Fair Work Commission found that the agreement was made in good faith and without coercion. The court noted that the negotiation process was transparent and that both parties had engaged in genuine bargaining. The commission concluded that the proposed terms were fair and reasonable, taking into account the needs and circumstances of the employees. The agreement was found to comply with all mandatory terms and provided for an appropriate dispute resolution mechanism. Therefore, the commission approved the Kempsey Children's Services Quality Fund Enterprise Agreement 2013.

The final orders of the commission were that the Kempsey Children's Services Quality Fund Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act. This decision ensures that the employees covered by the agreement will benefit from the terms and conditions negotiated by their representatives. The approval also provides certainty and stability in the employer-employee relationship within the covered organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established