United Voice Summary | CaseChat AU

[2013] FWCA 6868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2661)

BATLOW APPLE TREE LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 11 SEPTEMBER 2013

Application for approval of the Batlow Apple Tree Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Batlow Apple Tree Learning Centre and United Voice Big Steps Enterprise 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 am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 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 matter of United Voice, the applicant sought approval of the Batlow Apple Tree Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The respondent, the Fair Work Commission, was required to consider whether the enterprise agreement met the necessary standards for approval under the Fair Work Act 2009. The primary focus was on whether the agreement complied with the provisions regarding minimum rates of pay, penalty rates, and other relevant employment conditions.

The court was tasked with determining if the agreement adhered to the legislative requirements set out in the Fair Work Act. Specifically, the court needed to assess whether the agreement provided adequate minimum wages, reasonable working hours, and appropriate penalty rates. Additionally, the court had to ensure that the agreement did not undermine the existing protections afforded to employees under the National Employment Standards.

The Fair Work Commission found that the agreement largely met the statutory requirements. The court concluded that the agreement provided fair and reasonable terms for employees, including appropriate minimum wages and penalty rates. The commission determined that the agreement did not contravene the provisions of the Fair Work Act and was therefore eligible for approval. The court emphasised the importance of ensuring that the agreement provided adequate protections for employees while also considering the needs of the employer.

The Fair Work Commission approved the Batlow Apple Tree Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The court's decision confirmed that the agreement met the necessary standards for approval and was in line with the provisions of the Fair Work Act.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established