United Voice Summary | CaseChat AU

[2013] FWCA 6097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8017)

JENSEN EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 23 AUGUST 2013

Application for approval of the Jensen Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jensen Early Learning Centre 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 have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 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, a trade union, filed an application for the approval of the Jensen Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The dispute centred on whether the terms of the agreement were fair and reasonable under the Fair Work Act 2009. The matter was heard in the Federal Circuit and Family Court of Australia. The legal issues that the court had to decide included whether the agreement complied with the requirements of the Fair Work Act and whether it met the standards of procedural and substantive fairness.

The court examined the agreement to determine if it contained the mandated minimum terms and conditions, and if it was negotiated in good faith. It also assessed whether the agreement was likely to have a detrimental effect on the employees it covered. The court found that the agreement met the statutory requirements and was negotiated in good faith. It also concluded that the agreement was not likely to have an adverse effect on the employees, as it provided for fair compensation and conditions. The court approved the agreement, finding that it was fair and reasonable.

In approving the agreement, the court emphasised the importance of the negotiation process and the need for agreements to meet the standards of procedural and substantive fairness. The court also highlighted the role of the Fair Work Commission in overseeing the negotiation process and ensuring that agreements comply with the Fair Work Act. The court's decision provides guidance for future negotiations and agreements in the early learning sector. The court ordered the approval of the Jensen Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013, subject to any necessary amendments to comply with the Fair Work Act.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established