United Voice

[2013] FWCA 5758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7792)

KIDSCONCERN PTY LTD AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 14 AUGUST 2013

Application for approval of the Kidsconcern Pty Ltd and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kidsconcern Pty Ltd 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 21 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

The matter before the Fair Work Commission involved an application for the approval of the Kidsconcern Pty Ltd and United Voice Big Steps Enterprise Agreement 2013. United Voice, the applicant, sought to have the agreement approved under section 234 of the Fair Work Act 2009. The respondents, Kidsconcern Pty Ltd and United Voice, were parties to the agreement, which covered the employment terms of certain employees within Kidsconcern.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in accordance with the procedural requirements, including whether there was genuine bargaining and if all procedural obligations were met. Additionally, the Commission had to assess if the agreement met the substantive requirements, such as whether it provided for fair and reasonable terms and conditions, and whether it adhered to the "better off overall test."

The Commission found that the agreement was made following genuine bargaining and that all procedural requirements were satisfied. It determined that the agreement provided for fair and reasonable terms and conditions for the employees. The Commission also concluded that the agreement met the better off overall test, as it provided for no worse and some better terms and conditions for the employees covered by the agreement. Consequently, the Commission approved the Enterprise Agreement under section 234 of the Fair Work Act.

The Commission's final order was that the Kidsconcern Pty Ltd and United Voice Big Steps Enterprise Agreement 2013 be approved as a registered agreement. This decision was made effective from the date of the approval, and the agreement was to be registered accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established