United Voice

[2013] FWCA 6433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8608)

SCALLYWAGS CHILD CARE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 2 SEPTEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Scallywags Child Care 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 9 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 parties involved in this case were United Voice and the Scallywags Child Care, with the matter concerning the approval of an enterprise agreement. The Federal Circuit Court was tasked with reviewing the proposed agreement. The legal issues at hand centred on whether the agreement complied with the necessary legislative requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it contained the prescribed terms, and if it had been appropriately certified by the Fair Work Commission.

The court meticulously examined the agreement to ascertain whether it met all the statutory criteria. It assessed whether the agreement was genuinely negotiated between the parties, if it included all the mandatory terms as outlined in the Act, and if it adhered to the procedural requirements for independent assessment and approval. The court took into account submissions from both parties and considered relevant case law and statutory provisions to guide its decision.

Upon thorough review, the court found that the agreement met all necessary legislative requirements and was made in good faith. The agreement included all prescribed terms and had been appropriately certified by the Fair Work Commission. Consequently, the court approved the Scallywags Child Care and United Voice Big Steps Enterprise Agreement 2013.

The final orders of the court were to approve the enterprise agreement, confirming its compliance with the Fair Work Act 2009. This decision allowed the agreement to proceed, providing a legally binding framework for the employment terms and conditions of 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