United Voice

[2013] FWCA 6052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7962)

POETS GROVE FAMILY AND CHILDREN’S SERVICES AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 22 AUGUST 2013

Application for approval of the Poets Grove Family and Children’s Services and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Poets Grove Family and Children’s Services and United Voice Professional Childcare Standard 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] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] 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.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 29 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, United Voice, sought approval for a new enterprise agreement known as the Poets Grove Family and Children’s Services and United Voice Professional Childcare Standard 2013. The dispute centred around whether the Fair Work Commission (FWC) had the authority to approve the agreement under the Fair Work Act 2009. United Voice argued that the FWC had jurisdiction to approve the agreement, while the respondent contended that the FWC lacked the necessary authority.

The primary legal issue was whether the FWC had the jurisdiction to approve a workplace agreement that covered both professional employees and non-professional employees. United Voice asserted that the FWC had the power to approve such agreements under the Fair Work Act, whereas the respondent argued that the FWC's jurisdiction was limited to agreements covering only professional employees. The court had to determine the scope of the FWC's approval powers and whether the Poets Grove agreement fell within that scope.

The FWC found that it had the jurisdiction to approve the Poets Grove agreement. The court reasoned that the Fair Work Act did not preclude the FWC from approving agreements that covered both professional and non-professional employees. The FWC noted that the Act's provisions regarding approval of enterprise agreements applied broadly and did not exclude agreements covering a mix of employee types. Therefore, the FWC concluded it had the necessary jurisdiction to approve the Poets Grove agreement. The application was subsequently approved by the FWC.

No further orders were made by the court beyond the approval of the Poets Grove Family and Children’s Services and United Voice Professional Childcare Standard 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established