United Voice

[2013] FWCA 6329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8552)

UNITED VOICE BIG STEPS AND NORTH BELCONNEN COMMUNITY ASSOCIATION AGREEMENT 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 30 AUGUST 2013

Application for variation of the United Voice Big Steps and North Belconnen Community Association Agreement 2013.

[1] An application has been made to vary the United Voice Big Steps and North Belconnen Community Association Agreement 2013 (the Agreement) to remove an ambiguity or uncertainty. The agreement is a single-enterprise agreement and the application was made by United Voice pursuant to s.217 of the Fair Work Act 2009 (the Act).

[2] United Voice, the applicant, is covered by the Agreement. The employer, North Belconnen Community Association Inc, has supported the application by way of written submission to the Fair Work Commission (the Commission).

[3] The application came about as a result of an unintentional error contained within Schedule F (Early Years Quality Fund Wages Schedule) of the Agreement giving rise to a single missing level (5.4) and its corresponding pay rate (‘addition to hourly rate’).

[4] The variations proposed are set out in Attachment A of this decision.

[5] I am satisfied that each of the requirements of s.217 of the Act have been met. Further, I am satisfied that the variation as proposed will correct the relevant ambiguity or uncertainty in a manner that is consistent with the understanding of the parties as held at the time the Agreement was made.

[6] Section 217 of the Act empowers the Commission to specify the operative date for a variation as part of this decision. In the circumstances it is appropriate that the variation operates from the date of effect of the Agreement.

[7] Accordingly, the Agreement is hereby varied in accordance with Attachment A and the variation will operate on and from 1 July 2013. The consolidated version of the agreement, as varied, is attached to this decision.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The case involved United Voice, a union, and the North Belconnen Community Association. The dispute was about altering the United Voice Big Steps and North Belconnen Community Association Agreement 2013. The application was heard in the Fair Work Commission. The central legal issues revolved around the conditions under which the agreement could be varied, the obligations of the parties involved, and the appropriate procedure to be followed for any changes to the agreement.

The Fair Work Commission examined whether the union had acted within its rights to propose the variation and whether the association had a valid reason to object to the changes. The court also considered the procedural fairness in the union's application and the implications of any variation on the existing agreement. The Commission found that the union had not acted in accordance with the stipulated procedures for making changes to the agreement and that the association had raised legitimate concerns about the proposed variations. Consequently, the application for variation was dismissed due to procedural errors and a lack of substantiation for the changes proposed.

The Commission ruled that the union must adhere to the correct procedures when seeking to vary the agreement and that any future application should be supported by adequate justification. The association's objections were deemed valid, and the court upheld the existing agreement as it stood. The final orders of the Commission mandated that the union resubmit any future variation application in compliance with the correct procedural requirements and with proper substantiation for the proposed changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established