United Voice Summary | CaseChat AU

[2013] FWCA 5932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7960)

ELWOOD CHILDREN’S CENTRE INCORPORATED AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 20 AUGUST 2013

Application for approval of the Elwood Children’s Centre Incorporated and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Elwood Children’s Centre Incorporated 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 27 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

In the Fair Work Commission, the Applicant, Elwood Children's Centre Incorporated, sought approval for a new enterprise agreement, the United Voice Professional Childcare Standard 2013. The applicant's employees, who were members of United Voice, opposed the application, citing various concerns over the proposed agreement. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred around the compliance of the proposed agreement with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for a fair and reasonable method of determining wages and conditions, whether it adhered to the principles of good faith bargaining, and whether it included any provisions that could be deemed contrary to public policy.

The Commission found that the proposed agreement did not adequately address the concerns raised by the employees, particularly regarding the classification of employees and the provisions for penalty rates. The Commission noted that the agreement failed to provide for a fair and reasonable method of determining wages and conditions, and it contained provisions that could potentially undermine the employees' entitlements. Consequently, the Commission declined to approve the proposed agreement. The Commission emphasised the importance of fair and transparent processes in enterprise bargaining and highlighted the need for any agreement to be in line with the overarching principles of the Fair Work Act.

The Commission's final orders were that the application for approval of the United Voice Professional Childcare Standard 2013 be dismissed, and that the proposed agreement not be approved. The Commission directed the parties to continue negotiations in an effort to reach an agreement that would meet the statutory requirements and address the employees' concerns.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established