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[2013] FWCA 6419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2368)

ANGELS OF THE BAY AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Angels of the Bay and United Voice Big Steps Enterprise Agreement 2013.

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

United Voice, acting on behalf of its members employed by Angels of the Bay, applied for the Fair Work Commission to approve the proposed Angels of the Bay and United Voice Big Steps Enterprise Agreement 2013. The application was made under section 234 of the Fair Work Act 2009. The primary dispute centred around the terms and conditions of employment stipulated in the proposed agreement, including wages, hours of work, leave entitlements, and other workplace provisions.

The legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, whether it was free from any coercive or unfair elements, and whether it complied with the relevant provisions of the Act and the National Employment Standards.

The Commission found that the proposed agreement was fair and reasonable in all its terms. It noted that the agreement was the result of genuine bargaining between the parties and was not coercive. The Commission also found that the agreement provided for terms and conditions that were at least as good as, or better than, the applicable awards and the National Employment Standards. Given these findings, the Commission approved the proposed agreement.

The final orders of the Commission were that the Angels of the Bay and United Voice Big Steps Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act. The agreement is to be registered and will come into effect on the date specified within the agreement.

United Voice

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