United Voice Summary | CaseChat AU

[2013] FWCA 5682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7784)

FENG HOLDINGS PTY LTD ATF THE FENG FAMILY TRUST & JUBARLEE ENTERPRISES PTY LTD ATF THE LONGDEN 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 & Jubarlee Enterprises Pty Ltd ATF the Longden 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 & Jubarlee Enterprises Pty Ltd ATF the Longden 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

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CaseChat Overview and Summary

In the recent decision of United Voice, the Fair Work Commission (FWC) was tasked with approving the Feng Holdings Pty Ltd ATF the Feng Family Trust & Jubarlee Enterprises Pty Ltd ATF the Longden Family Trust and United Voice Big Steps Enterprise Agreement 2013. The applicant, United Voice, sought approval of the agreement which had been negotiated with the employers. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other matters as outlined in the proposed agreement.

The primary legal issue before the FWC was whether the terms and conditions proposed in the enterprise agreement were fair and reasonable. This involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. The FWC had to consider various factors, including the impact on employees, the bargaining power of the parties, and compliance with relevant industrial instruments. Additionally, the FWC needed to determine if the agreement addressed the needs of the workforce and provided for a fair and efficient workplace.

After a thorough review of the evidence and submissions from both parties, the FWC concluded that the proposed enterprise agreement was fair and reasonable. The FWC found that the agreement provided for appropriate wage increases, reasonable working conditions, and addressed the needs of the employees. The FWC also noted the efforts of the parties in negotiating the agreement and their commitment to ensuring a productive and harmonious workplace. Based on these findings, the FWC approved the enterprise agreement.

The FWC's decision was significant as it provided clarity on the approval process for enterprise agreements and highlighted the importance of fair and reasonable terms that address the needs of all parties involved. The approval of the agreement ensures that the employees benefit from improved conditions and protections, while the employers are able to operate with a clear and agreed-upon framework for workplace relations.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established