United Voice

[2013] FWCA 6255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7981)

BEEHIVE KINDY AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 28 AUGUST 2013

Application for approval of the Beehive Kindy and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Beehive Kindy 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 4 September 2013. The nominal expiry date of the Agreement 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of United Voice, the Fair Work Commission considered an application for the approval of the Beehive Kindy and United Voice Big Steps Enterprise Agreement 2013. The dispute arose between the applicant, United Voice, and the respondents, Beehive Kindy and United Voice Big Steps. The primary focus of the case was to determine whether the agreement in question met the necessary requirements for endorsement as a lawful and fair enterprise agreement under the Fair Work Act 2009.

The legal issues central to this case included whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements outlined in the Act. Additionally, the court needed to consider if the agreement was made independently, without any improper influence or coercion, and if it adhered to the relevant provisions of the National Employment Standards and other applicable laws.

The Commission carefully examined the submissions and evidence provided by both parties. It considered the process by which the agreement was negotiated and the extent to which it fulfilled the criteria for endorsement. After reviewing the evidence, the Commission found that the agreement had been made in good faith, contained the requisite minimum terms and conditions, and complied with all procedural requirements. The agreement was also found to be independent and free from any undue influence or coercion. Consequently, the Commission approved the Beehive Kindy and United Voice Big Steps Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established