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[2013] FWCA 6137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8455)

ECMS AND UNITED VOICE ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 26 AUGUST 2013

Application for approval of the ECMS and United Voice Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ECMS and United Voice 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 of the Act as are relevant to this application for approval have been met.

[3] The 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. In accordance with s.54(1) it will operate from 2 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Enterprise Collective Management System (ECMS) and the United Voice Enterprise Agreement 2013. The applicants, United Voice, sought the commission's approval of the ECMS, which was intended to establish a framework for managing enterprise agreements. The dispute arose from disagreements between the applicants and the respondents regarding the provisions of the proposed agreement and the system's effectiveness in governing the agreements.

The primary legal issue before the commission was whether the ECMS complied with the relevant legislative framework and provided an adequate mechanism for managing enterprise agreements. The respondents argued that certain provisions of the ECMS were inconsistent with the Fair Work Act 2009, while the applicants contended that the ECMS was necessary to efficiently manage the agreements. The commission needed to determine if the ECMS was appropriate, fair, and effective in achieving the objectives of the Act.

In its decision, the commission found that the ECMS was generally consistent with the legislative framework, but required some modifications to ensure compliance with the Act. The commission held that certain provisions needed to be amended to address the respondents' concerns about the system's fairness and effectiveness. The commission also noted that the ECMS provided a necessary mechanism for managing enterprise agreements, but it was essential that the system be tailored to the specific needs of the parties involved. After making the necessary amendments, the commission approved the ECMS and the Enterprise Agreement.

The commission's final order was that the ECMS and the Enterprise Agreement 2013 be approved, subject to the amendments made by the commission. The approved ECMS and agreement would now govern the management of enterprise agreements between the parties involved in the dispute.

United Voice

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Background to the litigation

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Legal Principle Established