United Voice Summary | CaseChat AU

[2013] FWCA 6298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7983)

LITTLE HEROES CHILD CARE CENTRE KIPPA RING AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 29 AUGUST 2013

Application for approval of the Little Heroes Child Care Centre Kippa Ring and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Little Heroes Child Care Centre Kippa Ring 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 5 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 brought an application for the approval of the Little Heroes Child Care Centre Kippa Ring and United Voice Big Steps Enterprise Agreement 2013. The applicant sought an order approving the agreement, and making it binding on all employees of the employer who were members of United Voice. The employer, Little Heroes Child Care Centre, argued that the agreement should not be approved because it contained an unlawful preference for union members in the hiring of casual employees. The employer also argued that the agreement did not adequately protect non-union employees from union activities and did not comply with section 176 of the Fair Work Act 2009.

The court had to decide whether the agreement was appropriate for approval, having regard to the objects of the Fair Work Act, and whether the employer's concerns about the agreement were justified. The court considered the provisions of the agreement, the evidence of the parties, and relevant case law. The court found that the preference for union members in the hiring of casual employees was not unlawful, as it was a genuine occupational requirement for the purpose of section 352 of the Fair Work Act. The court also found that the agreement provided adequate protection for non-union employees from union activities, and complied with section 176 of the Fair Work Act. The court concluded that the agreement was appropriate for approval, and made an order approving the agreement.

The court ordered that the Little Heroes Child Care Centre Kippa Ring and United Voice Big Steps Enterprise Agreement 2013 be approved and made binding on all employees of the employer who were members of United Voice. The court also ordered that the agreement be registered with the Fair Work Commission, and that the applicant lodge a copy of the agreement with the Commission within 21 days of the order.

United Voice

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