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[2013] FWCA 6431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8627)

CROW’S NEST & DISTRICT CHILDREN’S CENTRE & KINDERGARTEN ASSOCIATION INCORPORATED AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Crow’s Nest & District Children’s Centre & Kindergarten Association Incorporated and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Crow’s Nest & District Children’s Centre & Kindergarten Association Incorporated 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 case involved United Voice and the Crow’s Nest & District Children’s Centre & Kindergarten Association Incorporated, which sought approval of an enterprise agreement. The application was heard in the Fair Work Commission. The central issue was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the process of employee engagement and the resolution of any disputes.

The Commission began by examining the procedural validity of the agreement. It was necessary to confirm that the agreement had been made following proper engagement with employees, as mandated by the Act. The association argued that they had adequately consulted with their workforce, but United Voice contested this, claiming that the process had not been robust enough to ensure genuine employee participation. The Commission reviewed the documentation and testimonies provided to assess whether the engagement process met the statutory standards.

In its decision, the Commission determined that the association had indeed followed the necessary procedures to engage with their employees. It found that the process had been thorough and had allowed for meaningful participation, thus meeting the legal requirements. The Commission also considered the fairness and reasonableness of the agreement’s terms, confirming that they did not disadvantage any party and were in line with industry standards. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission mandated that the Crow’s Nest & District Children’s Centre & Kindergarten Association Incorporated and United Voice were to be bound by the terms and conditions set out in the 2013 enterprise agreement, subject to the statutory rights and obligations under the Fair Work Act.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established