United Voice

[2013] FWCA 6655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2408)

LEARNING AND EDUCATION AUSTRALIA AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	PERTH, 5 SEPTEMBER 2013

Application for approval of the Learning and Education Australia and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Learning and Education Australia 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 12 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, the applicant, sought approval of the Learning and Education Australia and United Voice Big Steps Enterprise Agreement 2013. The application was before the Fair Work Commission (FWC) under section 234 of the Fair Work Act 2009. The dispute centred around the fairness and compliance of the proposed agreement with relevant labour laws and standards.

The primary legal issues addressed by the FWC were whether the agreement met the procedural requirements for registration, whether it adhered to the statutory framework for enterprise agreements, and whether it provided fair terms and conditions for employees. The FWC had to examine the process by which the agreement was negotiated, the content of the agreement, and its impact on the workforce.

In its decision, the FWC found that the agreement satisfied all procedural requirements and was compliant with the Fair Work Act. The FWC concluded that the agreement was fair and reasonable, providing a balanced outcome for both employees and employers. The FWC took into account the bargaining positions of the parties, the complexity of the negotiations, and the benefits provided to employees. The FWC approved the agreement, finding that it met the criteria for registration and did not unfairly disadvantage any party.

The FWC ordered that the Learning and Education Australia and United Voice Big Steps Enterprise Agreement 2013 be registered, effective from the date of the decision. This registration ensures that the terms and conditions set out in the agreement are legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established