United Voice

[2013] FWCA 6415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2311)

BUILDING BLOCKS AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	MELBOURNE, 2 SEPTEMBER 2013

Application for approval of the Building Blocks and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Building Blocks 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

In the Fair Work Commission, United Voice sought approval of the Building Blocks and United Voice Big Steps Enterprise Agreement 2013. The agreement was between the employer, Building Blocks, and the union, United Voice, which represented the employees. The dispute centred around whether the agreement met the legal requirements for registration under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement contained all the necessary terms and provisions as mandated by the Act, and whether it was genuinely negotiated between the parties. The Commission had to ensure that the agreement did not undermine the rights of employees and that it was in the best interests of the workforce.

The Commission determined that the agreement was comprehensive and included all necessary terms. It found that the agreement was genuinely negotiated and was in the best interests of the employees. The Commission also concluded that the agreement did not adversely affect the rights of the employees and complied with all statutory requirements. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission approved the Building Blocks and United Voice Big Steps Enterprise Agreement 2013 for registration. The agreement was found to be comprehensive, genuinely negotiated, and in the best interests of the employees, with no adverse effect on their rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established