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[2013] FWCA 5933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7959)

SWINBURNE PRAHRAN COMMUNITY CHILDREN’S CENTRE CO-OPERATIVE AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 20 AUGUST 2013

Application for approval of the Swinburne Prahran Community Children’s Centre Co-operative and United Voice Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Swinburne Prahran Community Children’s Centre Co-operative 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 recent case of United Voice, the Fair Work Commission was tasked with approving a new enterprise agreement between the Swinburne Prahran Community Children’s Centre Co-operative and United Voice. The dispute arose from the need to formalise the terms and conditions of employment for the employees of the centre under the new agreement. The Fair Work Commission was the adjudicator of this matter, given its jurisdiction over employment-related disputes in Australia.

The primary legal issues before the Commission included whether the proposed enterprise agreement met the necessary standards for approval under the Fair Work Act 2009. This involved ensuring the agreement did not provide for terms and conditions that were less favourable than the relevant awards or the national safety net. The Commission also had to consider whether the agreement had been fairly and genuinely negotiated and whether it included provisions for dispute resolution. Additionally, the Commission needed to determine if the agreement contained any unfair or discriminatory terms.

The Fair Work Commission, in its decision, found that the proposed agreement met all the necessary legal criteria for approval. The Commission confirmed that the agreement did not provide for terms and conditions that were less favourable than the national safety net and was fairly and genuinely negotiated. The agreement also included appropriate provisions for dispute resolution. After thorough examination, the Commission determined that the agreement contained no unfair or discriminatory terms. Consequently, the Commission approved the enterprise agreement, ensuring it would be legally binding for the parties involved.

The Fair Work Commission ordered the approval of the Swinburne Prahran Community Children’s Centre Co-operative and United Voice Professional Childcare Standard 2013, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement would govern the employment relationship between the centre and its employees.

United Voice

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Background to the litigation

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Reasons for decision

Legal Principle Established