United Voice Summary | CaseChat AU

[2013] FWCA 5756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7764)

WYNNUM AND BAYSIDE CHILDCARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Wynnum and Bayside Childcare Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wynnum and Bayside Childcare Centre 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 applicant, United Voice, applied to the Fair Work Commission for approval of the Wynnum and Bayside Childcare Centre and United Voice Big Steps Enterprise Agreement 2013. The respondent, the Wynnum and Bayside Childcare Centre, objected to the agreement on several grounds, including that it was not a genuine enterprise agreement and that it was not in the best interests of the employees. The dispute was heard in the Fair Work Commission of Australia.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it was in the best interests of the employees. The respondent argued that the agreement was not genuine because it had been negotiated without proper consultation with the employees and that it was not in the best interests of the employees because it did not provide adequate pay and conditions. The applicant, on the other hand, argued that the agreement was genuine and in the best interests of the employees because it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was a genuine enterprise agreement and that it was in the best interests of the employees. The Commission noted that the applicant had provided evidence of extensive consultation with the employees and that the agreement provided for fair and reasonable terms and conditions of employment. The Commission also noted that the respondent had not provided any evidence to support its claim that the agreement was not in the best interests of the employees. The Commission concluded that the agreement met the requirements of the Fair Work Act 2009 and should be approved.

The Fair Work Commission approved the Wynnum and Bayside Childcare Centre and United Voice Big Steps Enterprise Agreement 2013. The respondent's objections were dismissed, and the agreement was registered as a registered agreement under the Fair Work Act 2009. The decision of the Commission is final and binding, and the agreement is now in effect.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established