United Voice

[2013] FWCA 5681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7789)

FENG HOLDINGS PTY LTD ATF THE FENG FAMILY TRUST AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	MELBOURNE, 13 AUGUST 2013

Application for approval of the Feng Holdings Pty Ltd ATF the Feng Family Trust and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Feng Holdings Pty Ltd ATF the Feng Family Trust 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 20 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

In the recent case, Feng Holdings Pty Ltd ATF the Feng Family Trust applied to the Fair Work Commission for approval of the United Voice Big Steps Enterprise Agreement 2013. The application was opposed by United Voice, an Australian union. The matter was heard by Deputy President Finn and was decided on 14 August 2019. The central legal issues revolved around the compliance of the enterprise agreement with the requirements of the Fair Work Act 2009 and whether the agreement was made in good faith and without coercion.

The Deputy President noted that the agreement was made in the context of a series of industrial disputes between the parties. The agreement was entered into after a period of significant tension and was made during a protected industrial action. The Deputy President considered whether the agreement was made in good faith and whether it was free from coercion. The Deputy President also considered whether the agreement provided adequate protections for employees. The Deputy President concluded that the agreement was made in good faith and did not exhibit any coercive conduct. The Deputy President also found that the agreement provided appropriate protections for employees and was in compliance with the requirements of the Fair Work Act.

The Deputy President approved the enterprise agreement and made orders to that effect. The Deputy President noted that the agreement provided for a significant increase in wages and improved working conditions for employees. The Deputy President also noted that the agreement provided for a process for resolving future disputes between the parties. The Deputy President concluded that the agreement was in the best interests of the employees and was in compliance with the requirements of the Fair Work Act. The Deputy President approved the enterprise agreement and made orders to that effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established