United Voice Summary | CaseChat AU

[2013] FWCA 5936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7949)

YAPPERA CHILDREN’S SERVICE CO-OPERATIVE LTD AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 20 AUGUST 2013

Application for approval of the Yappera Children’s Service Co-operative Ltd and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Yappera Children’s Service Co-operative Ltd 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

United Voice applied to the Fair Work Commission for approval of a new enterprise agreement with the Yappera Children’s Service Co-operative Ltd. The application was opposed by the Childcare Services Association of Australia, an unincorporated association of employers in the childcare sector. The primary dispute centered on whether the proposed enterprise agreement met the legal standards set out in the Fair Work Act 2009 for approval. The Fair Work Commission was the court before which the application was made.

The legal issues the court had to address included whether the agreement provided for the proper operation of the enterprise, met the procedural fairness requirements, and did not discriminate against any group of employees. The court also had to determine if the agreement complied with the "better off overall test," meaning that employees would be better off under the new agreement than under the previous conditions. Additionally, the court examined whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Regulations 2009.

The court found that the proposed agreement satisfied all the necessary legal criteria for approval. The court determined that the agreement provided for the efficient operation of the enterprise, met procedural fairness, and did not discriminate against any group. The "better off overall test" was also met, as employees would benefit from the new agreement. The court confirmed that the agreement complied with all relevant legislative provisions and approved the application. As a result, the new enterprise agreement was formally approved, setting new terms and conditions for employees of the Yappera Children’s Service Co-operative Ltd.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established