United Voice Summary | CaseChat AU

[2013] FWCA 6252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7854)

PUDDLEDUCKS PLAY TO LEARN AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Puddleducks Play to Learn and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Puddleducks Play to Learn 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 is 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 (FWC) was asked to approve the Puddleducks Play to Learn and United Voice Big Steps Enterprise Agreement 2013. This request was made by United Voice, an Australian union, on behalf of its members working within the early childhood education and care sector. The dispute centred on the terms and conditions of employment for the employees of Puddleducks Play to Learn, a company operating within this sector.

The primary legal issues before the FWC were whether the proposed agreement complied with the relevant statutory provisions under the Fair Work Act 2009, and if it adequately addressed the terms and conditions of employment for the bargaining unit. This included scrutinising whether the agreement met the requirements for "better off overall" and "in the national system" as stipulated by the legislation. Furthermore, the FWC had to consider if the agreement provided for fair and reasonable terms and conditions, and if it was appropriately negotiated.

The FWC carefully examined the proposed agreement, considering the submissions from both United Voice and Puddleducks Play to Learn. The FWC noted the union's argument that the agreement would provide improved conditions and protections for employees, as well as the company's concerns about the financial implications of the proposed changes. After weighing the evidence and arguments presented, the FWC concluded that the agreement was fair and reasonable, met the statutory requirements, and was better off overall for the employees. The FWC approved the agreement, recognising it as a valid enterprise agreement under the Fair Work Act 2009.

The FWC's decision to approve the Puddleducks Play to Learn and United Voice Big Steps Enterprise Agreement 2013 was based on its determination that the agreement provided fair and reasonable terms and conditions for the employees, and met the statutory requirements set out in the Fair Work Act 2009. The FWC considered the evidence presented by both parties and ultimately found that the agreement was better off overall for the employees. As a result, the FWC granted its approval of the agreement, which now serves as a binding enterprise agreement between Puddleducks Play to Learn and the employees represented by United Voice.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established