United Voice

[2013] FWCA 6852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2683)

BARFA BEAR CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Barfa Bear Child Care Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Barfa Bear Child Care 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

United Voice, representing the employees at the Barfa Bear Child Care Centre, applied to the Fair Work Commission (FWC) for the approval of the United Voice Big Steps Enterprise Agreement 2013. The application arose as a result of a dispute between the applicant union and the employer, Barfa Bear Child Care Centre, over the terms and conditions of employment for the centre's employees. The FWC was required to consider whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the FWC were whether the agreement was genuinely a product of genuine agreement, and whether it complied with the provisions of the Fair Work Act. The FWC had to assess the bargaining process to determine if it was free from any coercion or undue influence, and whether the agreement fairly reflected the terms and conditions of employment for the bargaining area. Additionally, the FWC examined whether the agreement provided for minimum entitlements, and whether it met the requirements for coverage and duration.

In reaching its decision, the FWC considered the evidence presented by both parties regarding the bargaining process. The FWC found that the agreement was genuinely the product of genuine agreement, as there was no evidence of coercion or undue influence. The FWC also determined that the agreement complied with the Fair Work Act, providing for minimum entitlements and meeting the requirements for coverage and duration. Based on these findings, the FWC approved the United Voice Big Steps Enterprise Agreement 2013.

As a result of the FWC's decision, the United Voice Big Steps Enterprise Agreement 2013 was approved and became legally binding on the employees and employer at the Barfa Bear Child Care Centre. The agreement now sets the terms and conditions of employment for the employees covered by the agreement, providing a framework for their remuneration, working conditions, and other employment-related matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established