United Voice Summary | CaseChat AU

[2013] FWCA 6487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2483)

RAYMOND TERRACE EARLY EDUCATION CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the Raymond Terrace Early Education Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Raymond Terrace Early Education 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 10 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

The case involved United Voice, an industrial organisation, and the applicant in an application for approval of the Raymond Terrace Early Education Centre and United Voice Big Steps Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal. The applicant sought approval of the enterprise agreement under the Fair Work Act 2009, which would establish the terms and conditions of employment for employees at the Raymond Terrace Early Education Centre. The dispute centred on whether the agreement met the statutory requirements for approval, particularly in relation to the procedural fairness of the bargaining process and the fairness of the agreement's terms.

The legal issues the court needed to address included whether the bargaining process was conducted in good faith and whether the agreement contained terms that were fair and reasonable. Additionally, the court had to determine if the agreement appropriately dealt with the employees' interests, particularly in light of the educational nature of the workplace and the unique characteristics of the workforce. The court considered submissions from both parties regarding the fairness of the agreement and the adequacy of the bargaining process.

The Fair Work Commission held that the bargaining process was conducted in good faith and that the agreement was fair and reasonable. The court found that the applicant had demonstrated that the agreement appropriately reflected the needs and interests of the employees, including provisions for their professional development and workplace safety. The Commission was satisfied that the terms of the agreement were not detrimental to the employees and that it appropriately balanced the interests of both the employer and the employees. Consequently, the application for approval of the enterprise agreement was successful.

The Commission approved the Raymond Terrace Early Education Centre and United Voice Big Steps Enterprise Agreement 2013, setting out the terms and conditions of employment for the employees at the centre. The agreement was to be registered with the Fair Work Commission and would govern the employment of the employees until superseded by a new agreement or by operation of law.

United Voice

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